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diff --git a/old/64926-0.txt b/old/64926-0.txt deleted file mode 100644 index 8c0c829..0000000 --- a/old/64926-0.txt +++ /dev/null @@ -1,20220 +0,0 @@ -The Project Gutenberg eBook of Medical Jurisprudence, Volume 3 (of 3), by -John Ayrton Paris - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: Medical Jurisprudence, Volume 3 (of 3) - -Author: John Ayrton Paris - John Samuel Martin Fonblanque - -Release Date: March 26, 2021 [eBook #64926] - -Language: English - -Character set encoding: UTF-8 - -Produced by: Sonya Schermann and the Online Distributed Proofreading Team - at https://www.pgdp.net (This file was produced from images - generously made available by The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK MEDICAL JURISPRUDENCE, VOLUME 3 -(OF 3) *** - - - - - Transcriber’s Note - - -When italics were used in the original book, the corresponding text has -been surrounded by _underscores_. Superscripted characters are preceded -by ^ and when more than one character is superscripted, enclosed in {}. - -Some corrections have been made to the printed text. These are listed in -a second transcriber’s note at the end of the text. - - - - - MEDICAL - - JURISPRUDENCE. - - - --------------------- - - - BY - - J. A. PARIS, M.D. F.R.S. F.L.S. - - FELLOW OF THE ROYAL COLLEGE OF PHYSICIANS; - - AND - - J. S. M. FONBLANQUE, ESQ. - - BARRISTER AT LAW. - - -------------------------------------------------- - -“Hæc est illa amica Imperantium atque Medentium conspiratio, qua -effectum est, ut aliquo veluti connubio Medicina ac Jurisprudentia inter -se jungerentur.” - - _Hebenstreit Anthropolog: Forens:_ - - -------------------------------------------------- - - IN THREE VOLUMES. - - VOL. III. - - --------------------- - - LONDON: - - PRINTED & PUBLISHED BY W. PHILLIPS, GEORGE YARD, LOMBARD STREET; - SOLD ALSO BY T. & G. UNDERWOOD, AND S. HIGHLEY, FLEET STREET; - AND W. & C. TAIT, EDINBURGH. - - 1823. - - - - - CONTENTS - - OF THE - - APPENDIX. - - --------------------- - - - PART I. - -_Statutes_, 9 Hen. 5.—3 Hen. 8, _c._ 11.—5 Hen. 8, _c._ 6.—14 _and_ 15 -Hen. 8, _c._ 5, _containing the Charter of the College of -Physicians_.—32 Hen. 8, _c._ 40.—32 Hen. 8. _c._ 42.—34 _and_ 35 Hen. 8, -_c._ 8.—1 Mary, _c._ 9.—6 _and_ 7 Will. 3, _c._ 4.—_Preamble of_ 10 Geo. -1, _c._ 20, (_expired_).—18 Geo. 2, _c._ 15.—55 Geo. 3, _c._ -194.—_Charter of the Apothecaries._—_Royal Letter to the College of -Physicians_, (Chas. 2.)—_Royal Letter to the Lord Mayor of London_, -(Chas. 2).—_College Questions_, (1607) _and opinions thereon_.—Dr. -Bonham’s _case_.—Groenvelt _v._ Burwell.—William Rose’s _case_.—Dr. -Stanger’s _case_.—_Return to a_ Habeas Corpus, _and copy of the Censor’s -Warrant_.—Dr. Burgess’ _case_.—Dr. Winterton’s _Letter to the College of -Physicians_.—Lilly’s _Diploma from the Archbishop of Canterbury_.—_Order -in Council_ (1809).—Rex _v. Master and Wardens of the Company of -Surgeons_.—_Midwife’s Oath._—_Certificate concerning Midwives._—_Statute -59_ Geo. 3, _c._ 41.—14 Geo. 3, _c._ 49.—_Report on the Plague_ -(1819).—Chorley _v._ Bolcot.—Lipscombe _v._ Holmes.—Slater _v._ Baker -_and_ Stapleton.—Seare _v._ Prentice. - - - PART II. - -Severn _v._ Olive (_cost of experiments_).—Mr. Hargrave’s _notes on the -legal time for human birth_. - - - PART III. - -_Report of the College of Physicians on a case of murder_, (Joseph -Lane’s 1632).—_Case of_ Standsfield; _Report of the Surgeons of_ -Edinburgh _on the same_; _Report of the College of Physician’s_ (Edinb.) -_on the same_.—_Extract from the medical evidence in the case of_ -Spencer Cowper, Esq.—_Extract from the evidence of_ Drs. Addington _and_ -Lewis _in the case of_ Mary Blandy.—_Extracts from the medical evidence -in the case of_ Donellan.—_Extracts from the medical evidence in the -case of_ Donnall.—Eugene Aram’s _defence_. - - - Medical Jurisprudence. - - - PART III. - -_Introduction_—1. _Of Arson—Human Combustion._—2. _Of Rape, with - Physiological and Medical Illustrations._—3. _Of Homicide - generally._—4. _Of Real and Apparent Death._—5. _Of the Physiological - Causes, and Phenomena of Sudden Death._—6. _Of Syncope._—7. _Of - Suffocation by Drowning, Hanging, and other causes._—8. _Death by - exposure to Cold—Heat—Lightning—Starvation._—9. _Application of the - Physiological Facts, established in the preceding chapters, to the - general treatment of Asphyxia._—10. _Of the Coroner’s Inquest._—11. - _Suicide._—12. _Of Murder generally—by Wounding, or Blows—by - Poisoning._—13. _Of Poisons, Chemically, Physiologically, and - Pathologically considered._—14. _Of Homicide, by Misadventure or - Accident._—15. _A Synopsis of the Objects of Inquiry in Cases of - sudden and mysterious Sickness and Death,—Commentary thereon, - including practical rules for Dissection._—16. _Abortion and - Infanticide—with Physiological Illustrations._—17. _Of Criminal - Responsibility, and Pleas in bar of Execution._—18. _Of - Punishments._—19. _Postscript._ - - - Medical Jurisprudence. - - - PART III _continued_. - -15. _A Synopsis of the Objects of Inquiry in Cases of sudden and - mysterious Sickness and Death,_—_Commentary thereon, including - practical rules for Dissection._—16. _Abortion and Infanticide,_—_with - Physiological Illustrations._—17. _Of Criminal Responsibility, and - Pleas in bar of Execution._—18. _Of Punishments._—19. _Postscript._ - - - - -A SYNOPSIS OF THE OBJECTS OF INQUIRY IN CASES OF SUDDEN, AND MYSTERIOUS - SICKNESS, AND DEATH. - - - CASE I. - - THE PATIENT IS LIVING, AND MEDICAL ASSISTANCE IS REQUIRED. - -Account given by the patient and his friends.—How far their report - deserves credit.—Whether there be any external injuries.—Previous - state of the patient, with respect to bodily health and - strength.—The age and occupation of the individual in - question.—Season of the year.—Present symptoms of the patient; with - the circumstances of their accession, progress, intensity, and - duration.—Whether any similar attack has been experienced by himself - at any previous period, or by any part of his family and friends at - the present time; and whether the latter have felt any degree of - nausea or uneasiness.—What remedies have been employed, by whom - recommended, and by whom administered.—Nature of the food last taken - as to quantity and quality.—Whether the patient had observed any - unusual flavour, or grittiness in his food.—Condition and nature of - the utensils in which it was cooked.—Appearance of the evacuations. - - - CASE II. - - THE PATIENT IS DEAD.—THE ATTENDANTS CAN FURNISH ONLY AN IMPERFECT - ACCOUNT OF HIS DISSOLUTION. - -Examination of the attendants.—Circumstances to be investigated.—How - soon the deceased is supposed to have died, after the alleged cause of - his dissolution.—Had the deceased been under the influence of violent - passion.—Was he at the time of death in a state of intoxication.—Plan - of the inquiry to be adopted according to the principles already - explained in CASE I, in combination with those to be developed in the - following still more complicated one. - - - CASE III. - - THE BODY IS FOUND DEAD.—ITS HISTORY IS UNKNOWN. - -Plan to be adopted in the investigation of this case.—Four great avenues - of inquiry, viz. 1. _Inspection of the dead body_; 2. _Examination of - surrounding and collateral objects_; 3. _Interrogation of witnesses_; - 4. _Anatomical Dissection_. - - - 1. _Inspection of the dead Body._ - -SITUATION and attitude of the body.—General appearance of the - countenance, as to colour, vascular turgescence, or congestion, and - morbid physiognomy.—Appearance of the eyes, and eye-lids, lips, and - gums.—Whether any, and what discharge issues from the mouth, - nostrils, ears, or any other orifice.—Apparent age of the - deceased.—Description of his person as to bulk, stature, obesity, - muscular powers, &c.—Conformation of the neck, with respect to its - shortness, fullness, and thickness.—Probable period that has elapsed - since the extinction of life.—State of the body, in relation to the - degree of stiffness, or flexibility of its limbs, progress of - putrescence, &c.—Whether any, and what marks, or ecchymoses are - visible upon the throat, or under the ears.—Whether there are any, - and what marks, punctures, wounds, contusions, and ecchymoses, - dislocations, or injuries, on the chest, abdomen, or in any other - parts of the body; and whether their appearance and character lead - to any conclusions respecting the nature of the operation or - instrument by which they were inflicted.—Whether such wounds were - necessarily of a mortal nature, or sufficiently severe to have - caused immediate death.—What is their direction.—Whether they were - inflicted during life.—If during life, whether they resulted from an - act of suicide or otherwise; whether from accident or design.—State - of the linen and clothes of the deceased.—Whether torn, or in any - way disordered.—Whether stained with blood.—Whether they yield the - odour of spirit, sourness, putridity, or that of tobacco.—Whether - any articles have been broken, or injured in the pockets.—Whether - there is reason to believe that the deceased had been robbed.—What - are contained in his pockets.—Whether any soil, or other matter - adheres to the shoes, or dress; and if so, how far it corresponds - with the surrounding soil or herbage.—Whether the hair of the - deceased appears dishevelled.—If the deceased be a female, whether - there be any marks or bruises that would indicate the commission of - a rape. - - - 2. _Circumstances to be learnt by an examination of surrounding and - collateral objects._ - -Whether the spot in question be of a description to explain the cause of - the deceased having been found there; or how far its retired situation - excites the suspicion of his having been conveyed thither for - concealment, or some other purpose. - -Character and condition of different objects surrounding the body.—If in - the open country, whether any indications of a struggle having - happened on the spot are visible upon the ground, or herbage, near the - deceased.—Whether any footsteps can be traced near the body, and if - so, what is their exact shape and dimensions, and what their - direction.—Can the particular spot in which the body was found have - been invested with unwholesome vapour, or with air destructive of - animal life.—Has there been any violent thunderstorm.—or can the - person have been exposed to any extraordinary degree of heat.—Whether - any and what weapons are lying near the body.—If so, what is their - exact position in relation to the body and its members.—If the body is - found in the water, are there any and what reasons for supposing that - he was killed by other means, and subsequently thrown into the - water.—What are the principal local circumstances of the water in - question.—Was the body found floating or otherwise.—What wounds and - contusions are visible on its surface.—If the body were drowned, was - the death accidental or malicious; was it perpetrated by himself or - others.—Whether any footsteps are visible on the margin of the - water.—Whether any soil or herbage be found in the grasp, or under the - nails, of the deceased.—If the deceased be found suspended by the - neck, was it by an act of suicide or otherwise.—Was he killed by - strangulation or by other means, and subsequently suspended.—What is - the nature of the ligature, and the manner in which it is fixed.—Are - the hands tied.—If the deceased be found in an apartment, whether it - be in a house of ill fame, or in one of suspicious character.—If the - deceased be found dead in bed, or chair, or on the floor, what is the - nature of the excrementitious matter in the night-vessels.—What - bottles, and other articles of medicine are in the apartments? - - - 3. _Circumstances to be learnt by the interrogation of competent - Witnesses._ - -Report of witnesses.—Is the body in the same situation and condition as - when first discovered.—Can the body be identified.—Period at which the - deceased was last seen, by whom, in what place, under what - circumstances, and in whose society.—Are there any moral reasons to - excite the suspicion of his having committed suicide.—What was his - occupation.—Had he lately met with any disappointment or - misfortune.—Had he appeared dejected or melancholy.—Are there any - persons with whom he associated, who had any remarkable interest in - his death. - - - 4. _Circumstances to be learnt by anatomical dissection._ - -Practical instructions for performing it with success.—_Dissection - of the Brain and its appendages._—Method of opening the - head.—Appearance of the skull-cap, whether fractured or in a state - of disease.—Whether any and what extravasated matter is visible on - the dura mater.—State of the meningeal vessels in relation to - sanguineous congestion.—Substance of the brain.—State of the - ventricles.—Base of the cranium, whether fractured.—Cervical - vertebræ, whether dislocated. - -_Dissection of the Thorax, Abdomen, and Uterus._—Manner of opening the - chest.—Whether any fluid be found in that cavity.—Appearance of the - lungs.—Condition of the bronchiæ.—Pericardium, whether it contains - more than a usual proportion of fluid.—General appearance of the - viscera.—Particular condition of the intestines.—The stomach, its - appearance, and contents.—The duodenum, colon, rectum.—State of the - liver.—Gall bladder, and ducts.—The spleen-kidneys.—Organs of - generation.—Uterus.—Fallopian tubes.—Ovaria.—External parts of - generation. - - - - - A COMMENTARY - - UPON THE - - PRECEDING OBJECTS OF INQUIRY: - - -_With a view to appreciate and explain the relative importance of each, - in enabling the Medical Inquirer and Jurist, to arrive at just - conclusions, in cases of complicated doubt and difficulty._ - - --------------------- - - - CASE I. - - THE PATIENT IS LIVING, AND MEDICAL ASSISTANCE IS REQUIRED. - -This is the least complicated case that can occur; the medical inquirer -has not only the advantage of the patient’s testimony, but that also of -his own observations upon the symptoms and circumstances of the case. We -have already stated that the declaration of a person, made under an -apprehended pending dissolution, is by the law of this realm considered -tantamount to an oath, (_see vol. i. p. 165_), and we have also stated -what it becomes our duty to repeat in this place, that in recording such -testimony, we must be prepared to combat various errors and prejudices: -we do not mean to deny that the awful situation in which the patient is -placed will not, in general, secure us against any wilful -misrepresentation, but we contend, that a person acting under the -influence of bodily suffering is very apt to fall into numerous -fallacies respecting the transactions in which he may have been -previously engaged; especially in such cases as usually constitute the -objects of medico-judicial inquiry, where the passions not unfrequently -increase the natural disturbance of the mind, while the eagerness which -is so justly felt for the detection of the author of the injury, will -tend rather to heighten than to correct any hallucinations under which -the sufferer may happen to labour; for on such occasions the imagination -is always ready to supply the want of testimony, and to fill up the -spaces which actual observation may have left vacant. - -Patients have not unfrequently laboured under the impression of their -having taken poison, when there can never have existed the least ground -for such a suspicion, and yet their general conduct has been in complete -opposition to the idea of insanity:[1] a curious case of this kind is -related in the _Sepulchretum_ of Bonetus; and even during the progress -of the present work, the author was consulted upon an illness, which the -patient seriously attributed to the operation of a slow poison, -declaring that it had been secretly administered during a philanthropic -visit to one of our public prisons. _Dr. Esquirol_[2] also relates the -case of a lady, twenty-seven years of age, who in the last stage of -phthisis pulmonalis perceived in her room the odour of burning charcoal, -and immediately conceived that there was a design against her life; in -consequence of which she left her lodging, and sought another abode, but -the fumes incessantly pursued her, and she died fully convinced that she -was the victim of some malicious persecution. - -But of all the fallacies with which we have to contend, no one is more -dangerous in its effects, or more frequent in its occurrence, than that -which leads them to mistake the identity of the offender; we have -already alluded to this fallacy (_vol._ i. _p._ 440), and we shall -hereafter have occasion to refer to it. - -When a medical practitioner is summoned to investigate a case, in which -severe sufferings have supervened, without any apparent or assignable -cause, the following interrogatories are calculated to elicit data for a -just conclusion. - -_Previous state of the patient, with respect to bodily health and -strength?_—The knowledge of these facts will materially assist us, not -only in explaining the violence of the present symptoms, but in -estimating their indications, in forming some opinion with regard to -their causes, and in prognosticating their results. - -_The age and occupation_ are also to be ascertained. Violent tormina of -the bowels, and other symptoms resembling those of acute poisoning, are -frequently explained at once, by learning that the individual in -question has been engaged in some trade or manufactory, from which he -has been necessarily exposed to metallic exhalations; thus painters, -gilders, smelters, and others, from living almost constantly in an -atmosphere charged with such fumes, are always liable to sudden and -violent attacks, dreadful cholics, paralysis, and premature death. _See -our chapter on the poison of Lead, vol. 2, p. 336, and that on Aerial -Poisons, page 457._ - -_Present symptoms of the patient._—Having gained the necessary -information with respect to the previous history of our patient, we are -prepared to investigate the symptoms under which he at present labours, -and to inquire into the circumstances of their accession, progress, -order of succession, intensity, and duration. If this investigation be -conducted with skill, we shall be enabled to form some opinion -respecting the origin of the sufferings, and, perhaps, to distinguish -the invasion of a spontaneous disease from the effects of acute -poisoning: upon this latter point, however, we shall require the aid of -much collateral information,[3] as _whether the patient has ever -suffered in a similar manner at any previous period, or whether any part -of his family or friends have experienced a similar attack at the -present time_? If the reply to this latter query be in the affirmative, -we may look for a common cause of the complaint, and be led to suspect -that it may arise from the ingestion of some acrid matter. We should -therefore proceed to discover _the nature of the meals last taken as to -quantity and quality_; the practitioner should, at the same time, pay -particular attention to the state of the different persons affected, and -to the existence or absence of vomitings and stools. The following case, -reported by _Morgagni_, and quoted by _Orfila_ & _Foderé_, may be -introduced as affording good illustrations of those points of inquiry, -whose importance we are anxious to enforce. “In the month of May, 1711, -four persons, that is to say, a priest, two women, one of which was his -sister-in-law, and another person, all in good health, and on a journey, -stopped at an inn to dine. Setting out on their road after dinner, the -priest in a short time felt himself so ill in his bowels, that he was -obliged to dismount from his horse. Notwithstanding the copious -evacuations, both upwards and downwards, the pain increased every -moment, and it was necessary to take the patient back to Céserne, the -place where they had dined, and where the priest arrived half dead. A -medical man who was called in, thinking he had only to deal with an -ordinary cholic, employed a number of fomentations, glysters, purgative -draughts, and anodynes; although he saw that one of the women had also -strong evacuations with pains and faintings, and that the other person -complained of pains and of a weight at the stomach, he never suspected -the presence of a poison, because the other woman had no complaint, and -the landlord protested with many imprecations, that there was nothing -dangerous in his dishes; however, the evacuations saved the patients, -and as they diminished a little next morning, it allowed of their -removing into the neighbourhood of _Morgagni’s_ residence, whom they -immediately called in. This great physician having ascertained whether -there was any dish at the table of which the woman who was in good -health had not eaten, and having found that it was a great dish of rice -which had been first served up, concluded from this circumstance that it -was this dish that contained the poison. The difficulty however, was, -that the priest who had eaten the least, and who had been on the whole -extremely abstemious, was precisely the person who had suffered the -most, and the soonest; that the woman, who had eaten more than the -priest, had been less sick than he; and that the other person, who had -eaten more than all the rest, was the one who was the least incommoded.” - -Was there no cheese rasped over this rice? demanded _Morgagni_. They -answered in the affirmative; the priest who had little or no appetite, -ate scarcely any thing but the cheese. In that case, said _Morgagni_, -you understand already that there was arsenic among that cheese, which -had probably been prepared for killing rats, and not having been laid -away with sufficient care, some one had taken it to serve up with your -rice during the time that you were hurrying the landlord to send up your -dinner. These conjectures were verified by the confession of the -landlord himself, who, having learned that the patients were out of -danger, was no longer afraid to acknowledge that such had been the cause -of this unfortunate accident. - -The practitioner, says _Orfila_, will not be able to form a correct -judgment in cases of this kind, if he neglect to pay attention, _first_, -to the state of the stomach of the different persons poisoned; in fact, -those who have taken a great quantity of food or drink, would feel in -general less severe symptoms than others; _second_, to the nature of the -dishes and of the drinks, as well as to the quantity that each person -may have eaten or drank; _third_, to the existence or absence of -vomitings and stools. It is evident that it may happen, that some -persons have eaten a tolerably large quantity of a poisoned dish without -any serious symptoms taking place, for this very reason, that the -quantity of the food was considerable, and that it easily produced -copious evacuations, by means of which the poison had been expelled. -Numerous cases of culinary poisoning might be adduced in this place, in -illustration of the important lights which are to be derived from the -investigations which form the subject of the present chapter; but we -have already considered the subject very fully under the head of -poisons; and in the history of the effects of copper and lead, we have -particularly explained the evils that may arise from the careless use of -such metallic utensils in cookery. - -_Whether any and what remedies have been used; by whom recommended; and -by whom administered?_—The importance of this part of the enquiry is too -obvious to require explanation; we are to learn from it whether the -administration of the medicines might not have accidentally contributed -to the aggravation of the symptoms they were designed to allay; suppose, -for instance, we were to be told that the patient had resorted to -copious libations of brandy to mitigate the sufferings of the bowels, -which were afterwards found to depend upon _Enteritis_; the inference is -obvious—but in performing this part of our professional duty, the -greatest caution is necessary, and we must take care that our own -medical opinions do not carry us to an unjustifiable extent in our -reprehension of the plan of treatment which has been pursued by others; -a striking instance of this want of propriety occurred in the late -celebrated trial of _Donnell_, and was very properly denounced by the -court, (_see page 161 in the second volume, and Appendix, p. 304_.) But -there still remains another reason why we should cautiously and -attentively examine any medicine that may have been administered, and it -would be right in the practitioner to procure a portion of such -medicine, with a view to its future analysis; for it has happened that -where the assassin has supposed that his first dose would be -insufficient to effect his purpose, he has artfully insinuated an -additional dose in the medicines which are administered for the relief -of his victim, and thus the hand, which is treacherously held out with -promises of succour, adds a stronger poison to the cup; this occurred in -the diabolical case of _Mary Bateman_,[4] better known by the name of -the Yorkshire witch, who having poisoned a family with arsenic, sent a -jar of honey, mixed with corrosive sublimate, _for their relief_. - -A knowledge of the nature of the medicines that may have been taken, -will also assist the chemist in his examination of the matter vomited, -as we have fully explained under the history of Poisons. - -_Appearance of the evacuations._—This should always be attended to, for -although it can hardly afford, in itself, a satisfactory indication, yet -we have shewn, in the course of our history of poisons, that it may -concur with the facts to heighten the probability of a case. The chemist -will also require them for examination. - - - CASE II. - - THE PATIENT IS DEAD.—THE ATTENDANTS CAN FURNISH ONLY AN IMPERFECT - ACCOUNT OF HIS DISSOLUTION. - -In conformity with the plan upon which we have arranged the objects of -inquiry into the causes of sudden sickness and death—that of beginning -with the most simple and plain, and passing in regular gradation to the -more complicated and obscure problems, the present case, in which the -patient is dead, but the attendants are able to furnish some history, -however imperfect, very naturally constitutes the connecting link -between that in which the patient is living, and that in which the great -avenues of information are entirely closed upon us by the death of the -individual, and the total absence of all direct testimony. The plan, -therefore, upon which the investigation of this case is to be conducted, -is in a great measure to be derived from the application of those -precepts which are contained in the other cases; that relating to the -examination of the attendants being collected from the first, and all -that concerns the death, from the third. - -There is, however, one object of inquiry which may be mentioned in this -place with peculiar propriety, as the obscure and often erroneous -evidence which is given in cases of sudden death, during an affray, -renders it highly important to learn, _whether the deceased had died -during a paroxysm of passion_. We have little doubt but that many -persons have been convicted of murder, where the death of the individual -in question, was the sole effect of the high state of irritation in -which he had been placed. That life may be suddenly extinguished by the -violent impulse of passion we have already shewn under the consideration -of Syncope (p. 26), and we are farther prepared to assert that -Apoplexy[5], and other fatal diseases may also, in certain states of -predisposition, result from the same powerful cause; violent transports -of the mind may likewise occasion the return of any particular disease -to which the patient had been formerly subject, as epilepsy, and other -spasmodic diseases; they may likewise bring a chronic disease at once to -a fatal crisis, as we have seen in the case related at page 29 of the 2d -volume; the fact has been also well illustrated by _Dr. Gordon Smith_, -in the case which occurred to a surgeon of his acquaintance in one of -the midland counties, of which the following is an outline. “In the -course of an altercation between a man and his wife, the woman died, and -a clamour was raised that the husband had murdered her: an inquest being -held, a verdict was returned against him, and he stood his trial at the -following assizes; he was, however, acquitted, for it appeared in -evidence that he had not even touched his wife during the quarrel. The -deceased was a person of an extremely violent temper, and on opening her -body, it was found that she had been labouring under suppuration of the -liver, and that an abscess had burst into the cavity of the abdomen, in -consequence of the agitation into which she had been thrown.” _Baron -Larey_ describes the case of a person who had been violently wounded in -the thorax by a sword in a duel; but the man was progressively -recovering, when in the fourth month from the period of the injury, he -died suddenly in consequence of a violent fit of anger; upon dissection, -the heart and pericardium exhibited traces of inflammation. We should -also learn, if possible, _whether the deceased had been at the time of -death in a state of intoxication_: for in such a condition a -comparatively slight injury may occasion death. The following case, -related by _Dr. Cheyne_, in which _Mr. Charles Bell_ was concerned, we -quote from _Mr. Shaw’s_ excellent _Manual of Anatomy_[6], (p. 165.) “An -industrious man returning home from his work, found his house empty; the -bed he was to lie upon, and the tools of his trade, sold for liquor by -his wife, whom he found in a gin shop, where she had been drinking and -dancing. He brought her home, and in the passage of his house struck -her, and ordered her to go up stairs; she refused to go; he carried her -upon his shoulders, and the contention continuing up stairs, he struck -her again. There having been no one present, we have only the husband’s -account of her death. He said that whilst sitting on her chair, she fell -down, upon which he threw her on the bed, conceiving that she was in a -fit, such as he had seen her in formerly. Some of her neighbours coming -in, found her dead. _Mr. C. Bell_ was requested to examine the body of -this woman. The man was afterwards tried at the Old Bailey, for murder, -when _Mr. Bell_ deposed, that upon taking out the brain, and tracing the -vessels in the base, the anterior artery of the cerebrum going off from -the internal carotid of the left side, was found torn half way across. -The cause of this woman’s death was the bursting of the blood from the -ruptured vessel; as to the cause of the rupture, _Mr. Bell’s_ opinion -coincided with the best authorities in pathology, that there is a state -of the vessels, in which an external injury or shock is more apt to -produce rupture; and drunkenness may be supposed to be the artificial -state of excitement which most resembles this state of the vessels. -Being asked whether the blows were the cause of the rupture, he said he -conceived it very likely that a shock would rupture the vessel; and -being then asked whether he conceived that this woman was more likely to -have a vessel ruptured, from having been intoxicated—he was of opinion -that intoxication, and the struggle, were likely to produce such a -degree of activity of the circulation in the head, that a less violent -blow might produce rupture, than what, in other circumstances, would -have proved fatal.” The prisoner was acquitted.—At the York assizes in -the year 1820, a somewhat analogous question arose,—whether the deceased -might not have been attacked with apoplexy during the struggle? The -light of anatomical dissection will be required in such a case, and the -remarks which Mr. _Shaw_ has offered upon the subject, appear to us to -be extremely judicious and valuable; if, says he, effusion of blood be -found between the dura mater and scull, and if a bruise on the scalp -corresponds to the part, we may conclude that it has been caused by the -blow; but if blood is found between the dura mater and the brain, though -we should discover the marks of blows, or even fracture of the scull, -still the question may be entertained whether the patient might not have -been attacked with apoplexy during the struggle. - -_How soon is the deceased supposed to have died, after the alleged cause -of his dissolution._—This is a very important question, for by learning -the length of the interval between the attack and the death, we shall at -once be enabled to accept as probable, or reject as impossible, the -accounts given by the friends and neighbours. Thus, poisons, in general, -require some time for their operation. Apoplexy does not generally -destroy life under several hours[7]. - - - CASE III. - -THE PERSON IS FOUND DEAD, AND THE HISTORY OF HIS DISSOLUTION IS UNKNOWN. - -The deep obscurity in which this case is necessarily involved, can alone -be dissipated by the concentrated light of circumstantial evidence, -derived from the inspection of the dead body, in the exact situation and -posture in which it was found, and that of the surrounding objects; from -the information afforded by competent witnesses, respecting the previous -history of the individual in question; and, lastly, from anatomical -dissection. - -In conducting such an inquiry the most trifling incidents connected with -the deceased should not pass unheeded, for however unimportant they may -at first, individually, appear, we shall often find that in combination -they will afford the principal data for the solution of our problem. -With how many examples will the history of crime present us where the -more minute circumstances have alone furnished the “damning proofs” of -guilt? Their apparent insignificance in such cases would seem to exempt -them even from the usual precautions of concealment, and more especially -from those artful measures by which the designing assassin seeks to cast -an impenetrable veil over the more direct evidences of his crime. - - - 1. _Circumstances to be learnt by the Inspection of the Body._ - -That the inspection of the body could furnish the satisfactory means of -discovering the cause of its death, is an opinion which has been very -naturally entertained from the earliest ages; although it is easy to -perceive that the extent and just value of the indications, which such a -practice is capable of affording, could never have been appreciated -until the more advanced periods of physiological knowledge. - -As the ancients exposed their sick on the high roads, for the advantage -of receiving from the casual passenger his opinion and experience -respecting the particular malady under which they laboured, so did they -expose the bodies of persons, supposed to have been murdered, in order -that each spectator might candidly observe their appearance, and freely -inquire into the circumstances which attended their decease; thus, as we -are informed by _Pliny_, was the body of _Genucius_, a tribune of the -Roman people, on his being found dead in bed, brought forth to the -assembled multitude, who, unable to discover any external marks of -violence, pronounced his death to have been a visitation of the gods; -and we learn from _Tacitus_, that the remains of _Germanicus_, who was -poisoned by _Piso_, were exposed in the market place of Antioch; thus -too, in conformity with ancient custom, was the bleeding corpse of -_Julius Cæsar_ exposed to public gaze and animadversion. The decisions, -however, which such a custom was intended to facilitate, were generally -perverted by the delusions of credulity and superstition. Among the more -prominent instances of the latter source of fallacy, we may notice a -belief that has extended even into later days—that upon the presence of -the murderer the wounds of his victim will bleed afresh! - - “O gentlemen, see, see! dead Henry’s wounds - Open their congeal’d mouths, and bleed afresh! - Blush, blush, thou lump of foul deformity; - For ’tis thy presence that exhales this blood - From cold and empty veins, where no blood dwells; - Thy deed, inhuman and unnatural, - Provokes this deluge most unnatural.”— - - _Richard_ III. _act_ 1. _s._ 2. - -_Situation and attitude of the body._—It cannot be too generally known -that, upon the discovery of a dead body, its situation and attitude -should never be disturbed until it has been examined by competent -persons. The information which the medical inquirer may obtain from his -observations upon the position of the dead body, is often important and -decisive; it may even, in some cases, furnish data for determining -whether the death was occasioned by accident, suicide, or murder. We -may, for example, find the deceased in a posture which he could never -have himself assumed, whence we should be led to conclude that he had -not fallen by his own hands. In the case of the disputed suicide of the -_Earl of Essex_[8] in the tower, much information was lost by the body -having been stripped and removed before a due examination took place; -the hasty manner in which this was performed, excited on that, as it -necessarily must on all similar occasions, very considerable suspicion -respecting the motives which could prompt so premature and unnecessary -an interference. An attention to the posture of the body is also -important in cases of wounds, which should always be examined with -reference to this circumstance. It has also been very justly observed, -that a person in a fit, or in a state of intoxication, might fall -accidentally into such a posture, as to be actually suffocated by the -pressure of his own hand, or that of any resisting body upon his throat. -If such a case were to occur, all evidence of the fact would be -destroyed by any officious interference that might change the exact -posture in which the body was found. - -_General appearance of the countenance, as to colour, vascular -turgescence, or congestion, and morbid physiognomy._—The observation of -the countenance of a deceased person will very frequently furnish the -medical inquirer with a useful hint in the investigation; we have, for -instance, already spoken of the expressive physiognomy of a strangled -person, (_page_ 45) and in the course of our work, the reader will find -ample illustrations of the general importance of the subject. - -_Whether any discharge issues from the mouth, nostrils, ears, or any -other orifice._—The appearance of froth about the mouth indicates that -the death of the person has not been instantaneous, but sudden, either -from apoplexy, epilepsy, or any other violent cause, _see Appendix_, -_p._ 273. In drowned persons the mouth and nostrils are covered with -foam. In epileptic paroxysms there is sometimes an involuntary discharge -of fæces, urine, and semen; the evacuation of the fæces very generally -occurs in cases of strangulation, and sometimes in those of apoplexy. -The appearance of blood flowing from the ears would indicate a violent -death from some external cause. - -_Apparent age of the deceased._—It is important to notice this -circumstance, as it will not only assist us in identifying the -individual, but, at the same time, point out the diseases of which he -was most susceptible, and those of which he was less liable. In relation -to such an object the question of age was keenly debated on the trial of -_Donellan_, for an account of which we must refer the reader to the -evidence printed in the _Appendix_. Apoplexy rarely occurs except in the -middle or decline of life. _Hippocrates_ says chiefly between the 40th -and 50th year. _Aphor._ _Sect._ vi, 57. - -_Description of his person, as to bulk, stature, obesity, muscular -powers, &c._—Many are the reasons which render a full and accurate -investigation of these points an extremely important part of the -inquiry. To say nothing of their use in identifying the individual, they -will point out the diseases to which such a habit of body would render -him liable; and we shall be enabled to deduce a general inference as to -the probable state of his health. If suspicions should exist against any -individual, we shall be thus prepared to arrive at some probable -conclusion with regard to the degree of resistance which the deceased -might be able to offer; by comparing which with the powers of the -supposed assailant, some valuable circumstantial evidence may be -elicited. - -_Conformation of the neck as to shortness, thickness, &c._—The -apoplectic conformation may be said to be indicated by a large head, red -face, short and thick neck, broad shoulders, capacious thorax, prominent -abdomen, low stature, robust limbs, and considerable corpulence; this -last indication, however, is liable to many exceptions, for dry and -spare constitutions, if any confidence is to be placed in the -comparative tables of _Rochoux_, are more frequently even attacked with -apoplexy, than the plethoric. Under this subject we may notice that the -habitual use of tight ligatures disposes to the disease. _Portal_ speaks -of an ambassador who was attacked with apoplexy, after having long -employed general compression, for the reduction of excessive corpulence. -_Dr. Donald Monro_ states that he has known soldiers carried off by -apoplexy, in consequence of stricture on the veins of the neck, from -their having been obliged to wear their cravats too tight. _Winslow_ has -made a similar observation in the Memoirs of the Academy of Sciences for -the year 1741. - -_Probable period that has elapsed since the extinction of life._—Before -the process of putrefaction has commenced, we can only adduce an opinion -upon this subject from the circumstance of the coldness, rigidity, and -general complexion of the body. Under ordinary circumstances, the body -looses its vital heat in a very short space of time, and cadaverous[9] -stiffness takes place and continues until relaxed by the progress of -putrefaction; but there are many circumstances that appear capable of -controlling and modifying this general result; the heat of the body is -not only abstracted with very different degrees of celerity in different -situations, but even in the same situation, in death from different -causes. _Portal_ and other physiologists have observed, that after death -from apoplexy, the temperature of the body is frequently maintained, -even above the natural standard, to a period beyond that in which it -would be totally abstracted from an inanimate mass under other -circumstances.[10] It has been laid down as a general rule, that the -more sudden the death, the longer is cadaverous stiffness from taking -place, _M. Orfila_ also states, that if the body of a person suffocated, -either by a non-respirable gas, or by strangulation, be cold or stiff, -we may be certain that more than twelve hours have elapsed since the -fatal event, for in death by such causes, the heat of the body is -preserved for at least that period; this statement is corroborated by -_Richerand_, who says that in asphyxia from carbonic acid, the blood -preserves its fluidity, the limbs their flexibility, and the body its -natural heat for some hours after death. When the process of -putrefaction has established itself, we must deduce our conclusions from -the extent of its progress, always taking into consideration the -collateral circumstances which may have operated in retarding or -accelerating its developement, such as the state of the atmosphere in -relation to temperature and humidity, the particular circumstances of -the spot in which the body was found, &c. - -The determining, as accurately as possible, the length of time the -individual has been dead, is not only important in cases of murder; it -may be highly essential to the ends of justice in questions of -survivorship; the following curious case, cited by _Dr. Male_,[11] will -not only serve to substantiate this assertion, but it will, at the same -time, afford a triumphant instance of the application of chemical -science in promoting the due administration of the laws. It is well -known that when dead animal fibre is exposed, for a certain period, to -the action of a current of water, it becomes converted into a fatty -substance, resembling spermaceti, and known to chemists under the name -of _adipocire_. The period of time required to effect this change has -been the subject of dispute. At the Lent assizes held at Warwick, in the -year 1805, a cause was tried, in which a gentleman, who was insolvent, -left his own house with the intention, as it was presumed from his -preceding conduct and conversation, of destroying himself. Five weeks -and four days after that period, his body was found floating down a -river. The face was disfigured by putrefaction, and the hair separated -from the scalp by the slightest pull; but the other parts of the body -were firm and white, without any putrefactive appearance. The clothes -were unaltered, but the linen was exceedingly rotten. On examining the -body, it was found that several parts of it were converted into -_adipocire_. A commission of bankruptcy having been taken out against -the deceased a few days _after_ he had left his home, it became a -question of great importance to the interests of his family, to -ascertain whether he was living at that period. From the changes which -the body had sustained, it was presumed that he had drowned himself the -day he left home; and to corroborate this presumption, the evidence of -_Dr._, now _Sir George, Gibbs_, of Bath, was required, as he had lately -been engaged in experiments[12] upon this subject. He stated on the -trial, that he had procured a small quantity of this fatty substance by -immersing the muscular parts of animals in water for a month, but that -it required five or six weeks to produce it in any quantity. Upon this -evidence the jury were of opinion that the deceased was _not alive_ at -the time the commission was taken out, and the bankruptcy was -accordingly superseded. - -_Whether any, and what marks, punctures, contusions, echymoses, -dislocations, or other injuries, are to be observed about the face, -neck, chest, or any other parts of the body; and how far their -appearance and character demonstrate the nature of the operation, or -instrument by which they were inflicted?_—Upon the discovery of a dead -body, it becomes one of the first objects to ascertain the nature, -extent, and direction of any wounds, or marks of violence, that may be -observed. Whether they be merely superficial, or extend beyond the local -injury and penetrate the cavities, will be a matter of subsequent -investigation by dissection. The examination of deep wounds, in the -first instance, is comparatively unimportant, for they are not liable to -obliteration by incipient putrefaction; whereas marks and bruises, -unless they be carefully inspected before the body undergoes this -change, will not be easily distinguished from spontaneous -discolouration. This precaution is highly important in those cases in -which we suspect the person to have been strangled; when we shall -generally discover a circular mark about the neck produced by -extravasated blood, or, if the act has been committed by the hand, -irregular patches corresponding in some places with the fingers and -nails of the assailant; traces of violence will be frequently also -discoverable on the chest which will answer to the impression of the -knees. Upon examining the body of _Sir John Dinely Goodere_, who was -murdered on board the _Ruby_ ship of war in 1741, the surgeon’s mate -stated that he found the marks of nails and fingers on his neck; this -testimony was satisfactorily fortified by another witness, who declared -that on looking into the cabin, he had seen a hand on the neck of the -deceased. An accomplice also confessed that after having strangled him -with their hands, they drew a rope tight about his neck.[13] A very -satisfactory instance of the same kind occurred to the author of the -present work, during his residence in the county of Cornwall; and he -feels no inconsiderable satisfaction in reflecting upon the train of -circumstances, through which he was enabled, by his evidence at the -assizes of the county for 1814, to secure the conviction of the -murderer. The evidence was wholly circumstantial, and the relation of it -is well calculated to illustrate the great importance of the particular -line of investigation, which it is the object of the present chapter to -elucidate. For these reasons he is induced to compile from his notes the -following brief sketch of the case. A Cornish peasant, engaged in -attending upon the light-house on the western coast, was found dead in a -field near the public road leading from Penzance to the “Land’s end,” on -Sunday, December the 12th, 1813; he was lying in a dry ditch, with his -stick at a little distance from him; one of his shoes was down at the -heel, and both were smeared with mud; his pockets were empty. The body -was taken to a public house in the village, and the coroner having -received notice of the occurrence, an inquisition was taken, and the -verdict of wilful murder returned against some person or persons -unknown. The body was afterwards buried, but a rumour having arisen that -the anatomical inspection had not been sufficiently minute and -satisfactory, it was, by an order of the magistrates, disinterred; and -the author was desired to assist in the further investigation of the -subject. Upon examining the body, which had not yet advanced so far in -putrefaction as to obliterate the traces of violence, or to confuse the -appearances they presented, patches, arising from extravasated blood, -were seen in different parts of the throat, and distinct abrasions -corresponding with the nails were visible; the face presented the -physiognomy of a strangled man. On the chest, bruises, evidently -occasioned by the pressure of the assailant’s knees, were also noticed. -Upon dissection the brain was found excessively turgid with blood. The -rest of the organs appeared in a perfectly healthy, and natural -condition. It is worthy of remark that the field in which the deceased -was found contained several shafts of abandoned mines; upon visiting the -spot the author observed tracks in the grass, as if it had been scraped, -proceeding in a direction from the hedge next the public road to that in -the opposite part of the field, and under which the body was found; near -the former hedge also some fragments of a glass bottle were discovered. -The deceased, it appeared, had been at Penzance for some medicine, and -it was proved that he had left that town, on his return to the -light-house, with a phial in his pocket. All these circumstances -combined, placed the matter beyond conjecture. He had evidently been -strangled, probably at the spot where the glass fragments were found, -which were undoubtedly the remains of his phial, broken during the -scuffle; besides, it would appear that he had been dragged along the -field from this spot to the opposite hedge, for marks denoting such an -act were visible on the grass, and this received farther confirmation -from the condition in which the shoes of the deceased were found. Who -then committed the murder? From the circumstances of its having been -perpetrated in a field containing several old mines, without any attempt -on the part of the villain to avail himself of the advantage which these -caverns would have afforded for the concealment of the dead body, the -author was convinced that the perpetrator of the deed would be found in -some stranger to the country, for such a one alone could be unacquainted -with the mines to which we allude. The suggestion of this idea very -naturally gave a direction to the line of inquiry. Were any suspicious -strangers in Penzance or its neighbourhood? Had the deceased been seen -in the society of any person unacquainted with the country? He had been -seen, it was discovered, playing at cards in a public house with some of -the privates of the artillery stationed in the Mount’s Bay, amongst whom -was a very powerful and athletic Irishman, of the name of _Burns_, who -had lately landed, and immediately enlisted into the corps. _Burns_ was -accordingly arrested on suspicion, when the purse of the deceased -containing thirty shillings was found on his person. He was, moreover, -unable to shew where he was at the time the deceased left Penzance, in -the evening; and he was subsequently recognised by two witnesses who had -seen him accompanying the deceased on the road towards the Land’s End. -It is only necessary to add that he was convicted and hanged; and it is -not the least satisfactory part of this case to state, that on the -evening previous to his execution he confessed to the author, that all -the circumstances of the case occurred precisely as we have stated, that -he strangled his victim with a pocket handkerchief, but that from the -difficulty of completing the act, he was compelled to press his knees -upon his chest. In the year 1763, a person of the name of _Beddingfield_ -was found lying near his bed, with his face on the floor, and with one -hand round his neck. It was argued that he had probably fallen out of -bed in a fit of apoplexy, and that the pressure of his own hand had -occasioned the marks that were visible on his throat; and a verdict was -returned in conformity with such an opinion. Circumstances,[14] however, -arose which excited a strong suspicion against the wife and a -man-servant named _Ringe_, and they were accordingly charged with the -murder, tried at Bury St. Edmonds, and condemned. Before execution the -man confessed that he had strangled the deceased, having seized him -while asleep by the throat, with his left hand. - -_Whether the wounds observed in the body were necessarily of a mortal -nature, or sufficiently severe to have caused immediate death?_—It will -be generally impossible to solve this problem without the aid of -dissection, for although such injuries may appear extensive, we have -already in the course of the present inquiries shewn the fallacies to -which such indications are exposed, (_see our chapter on wounds, vol._ -ii, _page_ 116) and the practitioner who ventures to give his judgment -on such an occasion, without adequate data, will render himself -contemptible in the eyes of the profession, and dishonest in the opinion -of the public. - -_Whether they were inflicted during life?_—In discriminating between a -wound inflicted upon the living body, and one which has been artfully -occasioned after death, for the purpose of embarrassing judicial -inquiry, it will be essential to observe, whether any hemorrhage has -taken place, externally, or internally, and, moreover, to ascertain -whether the blood so effused had coagulated. An instructive illustration -of this point is furnished in the very extraordinary trial[15] of -_Green_, _Berry_, and _Hill_ in the year 1678, for the murder of _Sir -Edmonsbury Godfrey_, a zealous protestant magistrate, during the -pretended popish plots in the reign of Charles the second. It appeared -from the evidence of one _Praunce_, that _Sir Edmonsbury_ was strangled -by a handkerchief in Somerset house, on a Saturday night, and after -remaining concealed until the following Wednesday, he was carried at -midnight into the fields beyond Soho, where he was thrown into a ditch, -and his own sword thrust through his body, in order to excite a belief -that he had committed suicide. Upon the trial, Messrs. _Skillard_ and -_Cambridge_, surgeons, stated that the sword must have been passed -through the body after death, _as there was no evacuation of blood_, -which must have happened had such a wound been inflicted during -life.[15] With regard, however, the fact of hemorrhage being received as -a test of life, a few observations may be necessary; it must be -remembered that extensive wounds may be inflicted on the living body, -with but little or no effusion of blood, but such wounds always belong -to the class of _lacerations_, see _vol._ ii, _p._ 123. On the other -hand, the knife of the anatomist not unfrequently draws considerable -blood from the dead body, and wounds have been known to bleed long after -life has fled; a fact which, as we have already observed, has been -raised by superstition into prophetic importance. The orifice of a vein -that may have been opened during life will sometimes bleed afresh after -death; this occurred to a very considerable extent in the body of the -Prince Royal of Sweden, who had died of apoplexy. _John Lees_,[16] the -subject of the noted inquest at Oldham, bled after he was laid in his -coffin; but, under such circumstances, the blood is _never_ found in the -state of coagulation. - -If it be determined that such wounds have been inflicted during life, it -then becomes important to solve the following questions. - -_Whether they resulted from an act of suicide or otherwise; whether from -accident or design?_—There are certain acts of violence which we feel no -hesitation in declaring are not likely to be accomplished by the -individual himself; such are incisions, or gun-shot wounds on the back -of the body, and, perhaps, fractures of the skull; with regard to wounds -in the throat, the death of the _Earl of Essex_, during his imprisonment -in the Tower, has given rise to much speculation, and the reader will -find an interesting digression upon the subject in the history of -_Bishop Burnet_. Some stress has, in a late case, been laid upon the -fact of the wound being even and regular, which it was asserted would -not have happened had it been inflicted by the hand of an -assassin—_because any struggle would have made it irregular_. This is -really a refinement that we do not pretend to understand. Is not -convulsive action likely to disturb even the cold and calculating -admeasurements of the suicide? instances have frequently occurred where -even the chin has been cut during the operation, as in the case which -lately occurred near the Serpentine river in Hyde Park, and yet no -grounds existed to excite the least suspicion of murder. - -Where the individual has perished by fire arms, the circumstance of his -fingers being found discoloured by the combustion of the powder in the -pan has been alluded to by authors as a proof of suicide, and it -certainly carries some weight with it, although the crafty assassin -might contrive to produce such an appearance. The state of the linen of -the deceased, as indicating the effects of a struggle, may furnish some -evidence upon these occasions; and cases have occurred where bloody -marks have been discovered on parts of the body, which, from their -situation, could not have been produced by the deceased. In _Hargrave’s_ -State Trials[17] there is a very remarkable instance of a woman who was -found in bed with her throat cut, and a knife sticking in the floor near -her; three of her relations were in an adjoining room, through which it -was necessary to pass to the apartment of the deceased; the neighbours -were alarmed, and the body was viewed; these relations declared she must -have destroyed herself; but, from a particular circumstance, they were -suspected, and found guilty of the murder; for on the _left_ hand, was -observed the bloody mark of a _left_ hand, which of course could not be -that of the deceased. How often has the left hand[18] of the murderer -betrayed his deeds of blood! - -_Whether the cloaths of the deceased betray any odour of spirit, -tobacco, sourness, or putridity?_—In every case of mysterious death it -is an important object to ascertain whether the deceased had been in a -state of intoxication; of which the odour of the clothes may in some -cases furnish a presumptive proof. It will be seen by consulting our -chapter on “Death by exposure to Cold,” that the life of an individual -may, under certain circumstances of intoxication, be extinguished by a -very slight degree of cold; _see vol._ ii, _page_ 60. - -_Whether any articles have been broken or injured in the pockets?_—The -case of the Cornish murder related at page 27 affords an example of the -value of this inquiry; but in appreciating the indications which it may -furnish, we must view the circumstance in relation to the other features -of the case, when it may acquire an importance which the fact did not -individually assume; or it may lose by such a comparison the little -value which it appeared to possess. - -_Whether there is reason to believe that the deceased had been -robbed?_—We are to derive from this question a probable argument in -support of the fact of suicide, for in such a case it is not reasonable -to expect any evidence of robbery. In the unfortunate case of suicide -lately committed in Hyde Park, a base sixpence was found in the pocket -of the deceased; had he been plundered, the robber would not have left -the base coin, which in the dark and hurry he could not have -distinguished. In the instance of a travelling empiric, of the name of -_Evans_, or _Evando_, as he called himself, for the sake of euphony, who -was found dead in a ditch in Cornwall, the exact sum was discovered in -his pocket, which he had taken in change at the last public house. Any -memorandum found on the person of the deceased, in his own hand-writing -intended to convey directions, or his last wishes, to his friends, is a -strong presumptive proof that he fell by his own hand. The remains of -any poison found about him is one of those facts that is equally -favourable to the suspicion of murder as of suicide. We must be allowed -to observe that upon the occasion of an unknown person being found dead, -some responsible individual should examine the contents of his pockets, -and having, if possible, acquired every information as to his name and -residence, he should carefully enclose every article so found in a -paper, and place his seal upon the packet, and his signature, and the -date of the event, upon the cover. - -_If the deceased be a female, whether there be any marks or bruises that -would indicate the commission of a rape?_—The importance of this inquiry -need not be argued, nor is it necessary in this place to point out the -indications which may confirm our suspicions upon this subject. We must -refer the reader to our chapter on rape, _vol._ I, _p._ 416. The -interesting trial of Abraham Thornton, for the murder of _Mary Ashford_, -abounds with curious evidence upon this point. - - - 2. _Circumstances to be learnt by an examination of surrounding and - collateral objects._ - -The information which may be occasionally derived from the state of the -objects surrounding the body, will be best illustrated by the numerous -cases in which they have furnished the principal means of discovery. - -_Whether the spot in question be of a description to explain the cause -of the deceased having been found there; or how far its retired -situation excites the suspicion that the body has been conveyed thither -for concealment, or some other purpose?_—Having examined all the -circumstances which attach to the _person_ of the individual, we should -direct our attention to the spot in which the body is found. The Cornish -case which is related at _page_ 27, offers an admirable illustration of -the utility of such observations. The nature of the place may perhaps -suggest the probability of the person having fallen down from some -height, in which case any appearance of wounds must be examined with -reference to such a suspicion. We may also in the progress of such an -inquiry be led to conclude that the spot may have been infested with -some unwholesome vapour, destructive of life; the various circumstances -which may contribute to the generation of noxious air have been fully -examined under the head of _Suffocation_, _vol._ ii, _p._ 48, and were -we to discover a dead body in the vicinity of a lime-kiln, or in an -unventilated apartment, where charcoal[19] had been burning, or in a -cellar where carbonic acid might probably have accumulated, we should -derive an important clue for the investigation. - -_Whether any indications of a struggle having happened on the spot are -visible on the ground, or herbage near the deceased; and whether any -footsteps can be traced near the body?_—The Cornish case presents itself -to us again in illustration of this question. There are also several -cases where impressions upon the snow have led to the detection of the -guilty party. In the case of _Wm. Spiggot_, _Wm. Morris_, _David -Morgan_, _Walter Evans_, _Charles Morgan_, and _David Llewellin_, for -the murder of _Wm. Powell, Esq._ at Glenareth, in Caermarthenshire, -March 30, 1770, footsteps were traced from _Powell’s_ house (a deep snow -having just fallen) to that of _Charles Morgan_, who was in consequence -apprehended, and did not long deny the fact. Some very interesting -evidence was delivered upon the subject of footsteps, on the celebrated -trial of _Abraham Thornton_, for the murder of _Mary Ashford_, at the -Warwick assizes of 1817. _William Lovell_, a workman at Penn’s Mills, -and several other witnesses, spoke as to the presence and direction of -the footsteps of a man and a woman, which approached each other at one -spot; their appearance shewed that the persons had been running, and -dodging each other, “as well from the stride, as the sinking in of the -ground, and the little scrape at the toe of the woman’s shoe.” The -footsteps were afterwards compared with the shoes of _Thornton_, and -found to coincide; the shoes, moreover, had a particular nail, called a -_sparrow bill_, the impression of which was also perceptible. The same -comparison was made with the shoes of the unfortunate _Mary Ashford_, -and with a result which appeared to be equally satisfactory and -conclusive. Instances have also occurred in which the presumption of -guilt against certain persons has arisen from the absence of such marks; -this happened in the murder of _Mr. Jeffries_, by _Elizabeth Jeffries_, -his niece, and _John Swan_, his servant, at Walthamstow, in July 1751; -in which case the perpetrators of the deed were suspected to have been -domestics, from the single circumstance of the dew on the grass -surrounding the house not having been disturbed on the morning of the -murder, which must have happened, had any persons left the premises. - -_Has there been any thunder storm?_—For an account of the appearances in -the body of a person, who has been thus suddenly deprived of life, we -must refer the reader to our chapter on “Death by Lightning,” vol. ii, -p. 63. It will, at the same time, be right to consider, whether the -death of the person in question can have arisen from an exposure to the -rays of the sun, which has occasionally happened in the harvest -field—“And Manasses was her husband, of her tribe and kindred, who died -in the barley harvest. For as he stood overseeing them that bound -sheaves in the field, the heat came upon his head, and he fell on his -bed, and died in the city of Bethulia.” _Judith_, _chap._ viii, _v._ 2, -3. _Sauvage_ relates the case of several young persons, who suffered an -asphyxia from sleeping in an open field, exposed to the rays of the sun; -and it may deserve notice in this place, that in such cases, hemorrhage -from the nose is not an uncommon occurrence; the appearance of blood -will thus receive an explanation which might otherwise excite unjust -suspicions of violence. - -_Whether any, and what weapons are lying near the body; and what is -their position in relation to it?_—Much light may be thrown upon the -inquiry by an attentive examination of the weapons found near the -deceased; and some interesting cases are recorded, wherein this -circumstance alone led to their developement. In the year 1764, a -citizen of Liege was found shot, and his own pistol was discovered lying -near him; from which circumstance, together with that of no person -having been seen to enter or leave the house of the deceased, it was -concluded that he had destroyed himself; but on examining the ball, by -which he had been killed, it was found to be too large ever to have -entered that pistol; in consequence of which, suspicion fell upon the -real murderers. The wadding of the pistol has also in several instances -offered the means of affixing the accusation on the guilty. The Lord -Chancellor, in a debate in the House of Lords, in November 1820, quoted -a very curious case in which the wadding of the pistol was found to -correspond with a torn letter in the possession of the murderer. - -_If the body is found in the water, are there any and what reasons for -supposing that it was killed by other means, and subsequently thrown -into the water?_—This question has upon several occasions been discussed -with great eagerness; see _the Reports of the Edinburgh Colleges in the -case of Sir James Standfield_, in our _Appendix_, _p._ 225; and also -_Extracts from the medical evidence in the case of Spencer Cowper, Esq. -for the murder of Sarah Stout_, _ibid._ _p._ 230. We have already, under -the consideration of the phenomena of drowning, _p._ 35, endeavoured to -appreciate the true value of the several indications which have been -received as physiological evidence upon this subject, such as the -presence of water[20] in the stomach and lungs, the buoyancy of the -body, &c. We have therefore only to observe in this place, that upon -such occasions there will generally exist collateral circumstances to -fortify our judgment; where, for instance, mud, or sand, are found under -the nails, or any grass or weeds are discovered in the grasp of the -deceased, the inference will be strong that the person died under water; -on the contrary, if we discover mortal wounds, or any marks of violence -inflicted upon the body, by weapons, we may very justly suspect that the -deceased was murdered, and subsequently thrown into the water. But in -conducting this enquiry we must be aware of the fallacies to which it is -exposed; a person may in the act of drowning accidentally receive -bruises and lacerations, or he may have been driven against rocks and -stakes by the force of the current. The following case, related by _Dr. -Gordon Smith_, offers a very good illustration of this point. “A few -years ago, a man who had leaped from each of the three bridges into the -Thames with impunity, undertook to repeat the exploit for a wager. -Having jumped from London bridge he sunk and was drowned. When the body -was found, it appeared that both his arms were dislocated, in -consequence of having descended with them in the horizontal, instead of -the perpendicular position.” If we arrive at the conclusion that the -body was drowned, we have next to inquire whether the event was -accidental or malicious? and whether the act was perpetrated by the -deceased or others? The solution of these problems is to be generally -effected by the examination of what may be called the external -circumstances of the case; the locality of the water may be such as to -account for the deceased having accidentally fallen into it, or its -situation may at once preclude the possibility of such an event. The -suspicion of the person having been violently thrown into the water by -the hands of the assassin, will be fortified by the discovery of -footsteps on the brink, and by the indications of resistance on the part -of the deceased, as manifested by the appearance of bruises on the arms -and other members of the body. In the case of _Mr. Taylor_ who was -murdered at Hornsey, in December, 1818, marks of footsteps, deep in the -ground, were discovered near the new river; and on taking out the body, -the hands were found clenched, and contained grass, which he had torn -from the bank. If the person be found in the water tied hand and foot, -there is a strong presumption that he was forcibly placed in such a -situation; and yet there are two instances on record which afford very -extraordinary exceptions to the truth of such a conclusion. The one -occurred in the end of June, 1816, in the case of a gauging-instrument -maker, who had been missing from home for several days. His body was -discovered floating down the Thames; and on being taken out, his wrists -were found tied together, and made fast to his knees, which were in like -manner secured to each other. He had been in a state of mental -derangement for two years. The cord with which he had tied himself was -recognised as one that had hung from the ceiling over his bed, by which -he used to raise himself up, having been confined to his bed for several -weeks; he was a good swimmer, and it was presumed he had taken the -precaution to prevent himself from swimming. The verdict was “_found -drowned_.” The other instance occurred two years afterwards. A man, aged -28, with a wife and children, was reduced to great distress. On a -certain day he took an affectionate leave of his family, declaring he -would not return until he had obtained some employment, by which he -should be able to procure them bread. The following day his body was -taken out of the new river, with his hands and legs tied. A card with -his address was found in his pocket; and also three-pence; when he left -home he had five-pence, and it was supposed that he had purchased the -cord with the deficient sum. The verdict in this case was “_insanity_.” - -_If the deceased be found hanging by the neck, whether he was suspended -during life, or hung up after death? Whether it was an act of suicide or -murder?_—In cases where the deceased has been hanged alive, we shall -find the trace of the rope in the neck very distinctly marked by a deep -discolouration; whereas, the effect occasioned by such a ligature upon -the dead body, will be far less striking. We have also to inquire -whether the deceased has any wounds, or whether, upon dissection, the -usual appearances are found which generally occur in hanged persons. -But, should any marks of external violence present themselves upon such -an occasion, we must judge of them with caution. They may perhaps be -purely accidental. _Dr. Male_ supposes a case in which the person, with -the view of speedily destroying life, may have thrown himself off with -violence, broken the rope, and wounded himself by falling upon articles -of furniture, and yet had sufficient fortitude again to suspend himself. -“An apprentice boy, in my neighbourhood,” says this author, “working -alone in an attic, tied one end of a rope loosely round his neck whilst -his master was from home, probably without any intention of destroying -himself, and twisted the other round the projecting part of the top of a -door, the planks of which were irregular and somewhat divided; a small -stool, on which he stood, slipped from under him, when he fell forwards, -striking his temple against the corner of a box which cut him to the -bone; he lay along the floor, his head and shoulders only elevated a few -inches above it; the cord not being tied, had run nearly its whole -length, and then caught between the planks of the door; in this state he -perished. The wound was magnified by popular rumour into many, and -vengeance was denounced against the innocent master, who was accused of -having first killed, and afterwards suspended the boy. On examining the -boy the mark of the cord was found to extend from ear to ear; the -vessels of the brain were turgid, the thyroid cartilage broken; the -nails blue, and the hands firmly closed. From this and other important -circumstantial evidence, the coroner’s jury were convinced that the -charge was unfounded.” _Dr. Smith_ remarks that, except in the instance -of children, or extremely feeble persons, it is very difficult to hang -an individual by force, unless the situation be remote, and no -interruption likely to take place; or the assailants be numerous and -powerful enough, (as in the celebrated case of _Porteus_) to set all -interference at defiance. - -Persons have been accidentally hanged, as in the case above cited from -the work of _Dr. Male_, and instances are recorded where the operation -has been resorted to as a mode of exciting passion. In all such cases of -doubt and difficulty, each particular circumstance, however minute, must -be noticed—the nature of the ligature—the manner in which it is -fixed—the state of surrounding objects, are often capable of throwing -light upon the transaction. In the case of _George Hebner_, a tailor, -who was found hanging to the top of a bedstead, in a garret of a house -of ill-fame in Dean Street, East Smithfield, kept by a widow of the name -of _Hughes_, the manner in which the hands of the deceased were tied -behind his back, and his handkerchief was drawn over his face, proved -most decidedly that he had not strangled himself. Upon examining the -rope round his neck, it was found to have been fastened by what is -termed a sailor’s knot; in consequence of which circumstance a sailor -named _Richard Ludman_, together with the aforesaid _Eleanor Hughes_, -were indicted for the murder, found guilty, and executed. - -_If the deceased be found in an apartment, whether it be in a house of -ill-fame?_—Although the act of sudden death in a brothel very naturally -excites the suspicion that some act of violence may have been committed, -yet this feeling should not be carried too far; we must remember that -the individual has been thus exposed, in an increased degree, to the -occurrence of several of those natural accidents by which life is so -suddenly extinguished; apoplexy, hæmopthysis, and syncope have assailed -those who might have been predisposed to such diseases, at the moment of -sexual indulgence. In persons advanced in life the trunks of the -internal, carotid, and basilary arteries are frequently diseased, and -are therefore very liable to rupture whenever the blood is accumulated -in any unusual quantity, or the circulation is preternaturally -accelerated. - - - 3. _Circumstances to be learnt by the Interrogation of competent - witnesses._ - -It is merely necessary to enumerate the facts which it is our duty to -elicit by such an inquiry, in order to shew their importance and -relations; we shall therefore conclude this part of our subject without -any farther comments, and proceed to furnish such directions as may -enable the medical witness to complete his investigation by the -anatomical examination of the body, without which, our preceding -researches can never be received as satisfactory and conclusive. -“_Inspectio ejusmodi cadaveris adeo necessaria est, ut omissa ea, nihil -certi de reo statui possit._”[21] - - - 4. _Circumstances to be learnt by Anatomical Dissection._ - -After the observations which we have already offered upon the subject of -wounds, it can be scarcely necessary to urge the necessity of a speedy -examination of the more superficial lesions, which are likely to be -effaced, or changed in character by the progress of decomposition; -“_putredo mutat formam cadaveris et lesionem_.” The deeper wounds may at -the same time be inspected, but the greatest care should be taken that -they are not extended during the dissection, for unless they be -preserved, as far as it is possible, in their natural condition, we -shall not be able to establish a satisfactory connection between the -external injury, and the internal lesions with which it may be -complicated. Having complied with these injunctions, we are to proceed -to lay open the cavities. The order in which these operations are to be -performed is not of much moment; but let it be generally understood that -the discovery of what may appear sufficient to account for death in one -cavity, ought never to prevent our proceeding to the investigation of -the rest. - -_Dissection of the brain and its membranes._—The body having been placed -on its breast, and the chin raised and supported by a block of wood, the -anatomist must proceed by making an incision over the top of the head, -from the root of one ear to that of the other; and then by dissecting -off the integuments, so as to invert one flap over the face, and the -other over the occiput, he will be able to discover whether the scalp -has sustained any injury, as indicated by the presence of abscesses, -sinuses, contusions, and extravasations; he will, at the same time, -ascertain whether any fissure or fracture exist, or any morbid change -has occurred in the bone, such as sponginess, exostosis, caries, or -exfoliation. In performing this part of his duty, we trust he will not -mistake, as _Hippocrates_[22] confesses he once did, a fracture for a -suture, and vice versa. It is not always easy, however, to determine -whether a fracture discovered in the cranium, was produced during life. -If it should have occurred immediately before the death of the person, -there will be found coagulated blood upon the bone and in the fissures; -if the individual has survived for some time, there will be marks of -inflammation, and perhaps the formation of pus in contact with the -skull; but if a fracture has been occasioned in making the dissection, -an accident which may occur in the most careful hands, the blood in the -fracture will not be coagulated, nor will there be any effusion around -the portions. The skull-cap may be now removed; for which purpose the -cranium is to be sawed in a circular direction, about a finger’s breadth -above the superciliary ridges, and lateral sinuses; the operation must -be conducted with great care, or we shall be in danger of wounding the -_dura mater_; the bone must be then divided by a few slight strokes with -the chissel and mallet. We shall always find a strong adhesion between -the inside of the cranium, and the _dura mater_; partly, in consequence -of the small blood-vessels with which these surfaces are connected, and -partly, from the close application of the fibrous structure of the -membrane to the bone, and which will vary with the age of the subject, -and the form of the skull; the handle of the scalpel carefully -introduced will afford the best instrument for overcoming this -resistance, and will not be liable to lacerate the _dura mater_, or to -injure the brain. In effecting the separation, the _meningeal vessels_ -frequently deluge the whole surface with blood, a circumstance that -deserves attention, in as much as their plenitude marks the congestive -state of the brain; it shews also that the blood is in a liquid -condition, a fact to which some importance has been attached, as it is -supposed to occur more particularly in cases of suffocation. The inner -surface of the skull may be inspected with the view of ascertaining -whether it be carious. The _dura mater_, thus brought into view, may -exhibit marks of inflammation; or coagulated blood or pus may be -discovered on its surface, especially in cases where external violence -has been inflicted; and it is particularly worthy of notice that such an -extravasation, or injury, is not necessarily under the fracture, or part -of the cranium upon which the violence that produced it, had been -received; on the contrary it often happens that disorganization occurs -in the hemisphere opposite to that upon which the blow was struck; a -phenomenon to which the term “_contre coup_” has been aptly applied.[23] -The _dura mater_ may now be removed and thrown back, by dividing it all -round the margin of the skull, and separating its attachment to the -_crista galli_ with a pair of scissars; before we part, however, with -this membrane, we should observe whether any osseous deposits,[24] or -other morbid alterations are visible in its texture; for such changes -are not uncommon in the _dura mater_, especially in the falx: the -_tunica arachnoidea_ thus brought into view may present various morbid -appearances; it may be opaque, or water may be found effused under -it.[25]. The _pia mater_ often exhibits its veins turgid with blood, -which indicates that some impediment had existed to the return of the -circulation from the head to the heart. It is very important to -distinguish between this appearance and that which is the result of the -inflammation of the membrane; in this latter case, it should be -remembered, that the small _arterial_ branches are the vessels gorged -with blood;[26] and which are so multiplied as to form, by their -numerous anastomoses, a beautiful network. In true inflammation also the -membrane will be found thickened. There is still another source of -fallacy with which the anatomist may have to contend in his examination -of this organ, a state of vascular congestion, arising after death, from -the effect of gravitation. In attending however to the position of the -head, and to the circumstances above mentioned, it will not be difficult -to establish a just diagnosis upon these occasions. Before cutting into -the brain, we should observe whether the convolutions are furrowed as -usual, for when much fluid is contained in the ventricles, as in -hydrocephalus, the _sulci_ are more or less obliterated. Such a change, -therefore, will offer a precaution to the anatomist, to proceed slowly -in his dissection, so that the accumulated fluid may not escape. Where a -person has been suddenly killed, while in a state of health, the -ventricles will, on examination, appear merely lubricated with a fluid; -but in cases where the patient has died after protracted disease, more -or less serum will be found in these cavities. In our examination of the -substance of the brain, we ought to notice its consistence and tenacity, -for in many recorded cases, a _part_ of the medullary mass has been -found so morbidly soft as to have assumed nearly the consistence of -custard; and it has been said to have occurred in cases of fatuity; it -seems, however, more correct to consider it as the effects of -inflammation: the phenomenon must be carefully distinguished from that -natural deliquescence which the _whole_ of the brain undergoes after -death, when in an incipient stage of putrefaction. In some instances, -the texture of the brain has been found tougher than is natural, and -even to have been dry and friable. (_See our observations upon the brain -in cases of mania_, _vol._ i, _p._ 327.) Scrophulous and encysted -tumours, hydatids, abscesses, and extravasated blood, may also occur, -and its cavities may be distended with fluid. The state of the larger -blood-vessels should be attentively inspected, for in persons advanced -in life there appears to be a strong disposition to disease in the -internal carotid and basilary arteries. The great importance of minutely -inspecting every part of the brain cannot be too frequently, or too -forcibly urged, in cases of forensic inquiry. The instances already -recorded (_page_ 16) are sufficient to sanction this assertion; and to -these, we may add the following illustration which is to be found in the -article _Cas Rares_ of the _Dictionnaire des Sciences Medicales_, by _M. -Fournier_, who was called upon for his opinion in a case of alleged -murder at Brussels.[27] The deceased had quarrelled with another man, -some blows had been interchanged, and he had died a fortnight -afterwards, emaciated and completely exhausted. Two of the lowest order -of practitioners in France, officiers de Santé, as they are called, -inspected the body, and pronounced that death had taken place in -consequence of the blows. _M. Fournier_ discovered an extensive -suppuration in the brain, with a very carious state of the inner surface -of the cranium, and learnt that the deceased had been afflicted with -head-aches for twenty years. He therefore declared it to be his opinion, -that the man had died of a disease of long standing. In this opinion we -concur, but it is not equally clear that the crisis was not accelerated -by the violence which he had sustained.[28] - -We ought not to quit the examination of the head, until we have examined -the base of the cranium, in order to determine whether any fracture -exists in that part; a curious case is related by _Mr. Charles -Bell_,[29] of a person who died suddenly some weeks after having -received an injury of the head, when it appeared, on dissection, that -the base of the skull had been fractured, and that the _foramen magnum_ -having been thus roughened, a sudden turn of the head had forced a -spiculum of bone into the spinal marrow. The brain has also received -fatal injuries from the introduction of pointed instruments through the -orbits; _Macklin_, the comedian, was tried for killing a brother actor -by the thrust of his cane. _Thomas Dangerfield_, one of the celebrated -and perjured witnesses on the Popish plot, in the reign of Charles II, -was killed by _Mr. Robert Francis_, by the blow of a cane, the end of -which penetrated the orbit.[30] The author also well remembers the case -of an old woman, who, in a fit of intoxication, fell to the ground upon -the stem of the tobacco-pipe with which she was smoking, when it -penetrated the orbit, and occasioned immediate death; the cause of her -dissolution was never suspected until after dissection, as no external -wound was visible. In some cases it may be considered expedient to -extend our anatomical researches into the spinal column, which may be -effected by sawing off the transverse processes. The cervical vertebræ -should always be examined where dislocation of the neck can be -suspected; for in such cases death may be produced without leaving any -external vestige of the injury. This has frequently occurred to coachmen -and others, who have been crushed while driving under low archways, by -which the nerves, necessary for the support of the vital organs have -been compressed or lacerated, and death has in consequence ensued. If -the cervical vertebræ should be dislocated, a general paralysis will -follow, and life can no longer be maintained. _M. Petit_ relates the -case of a boy suspended by the head, who striving to disengage himself -dropped down dead; and _Dr. Monro_ saw a case where four of the cervical -vertebræ were dislocated by a fall, which ended fatally in a few hours. - -_Dissection of the contents of the thorax._—An incision must be made -through the integuments, in a straight line from the _os hyoides_ to the -navel; we are then to open into the cavity of the abdomen, for the sake -of affording the anatomist free space for his dissections in the chest; -and this is to be effected by incisions from the navel to each spine of -the ilium, so that we shall have thus described by our dissection a -figure resembling the letter Y inverted, thus [Inverted Y]. In -performing this part of our labour, it is essentially necessary to avoid -puncturing or injuring any of the viscera; where such a blunder has been -committed the dissection has lost much of its value. The integuments of -the breast are then to be carefully dissected so as to expose the -cartilaginous articulations of the ribs, which must be cut through on -both sides; the clavicles should also at the same time be separated from -the sternum, by dividing the loose cartilage which unites them. The -latter bone, together with the cartilaginous portions of the ribs, must -be next turned upwards over the face, so that the cavity of the thorax -shall be brought into view. In some cases it will be found expedient to -make a still more extensive exposure of this cavity; for which purpose a -broader flap must be turned up in front, by extending our dissection of -the parietes of the thorax farther towards the back; and, instead of -cutting through the cartilaginous extremities of the ribs, dividing the -bones themselves with a saw. In bending back the sternum, or flap in -front, we must take care and divide the _mediastinum_ with the scalpel -as near the bone as possible, in order to avoid making any opening into -the _pericardium_, which would otherwise be very apt to happen. As soon -as an opening is effected into the thoracic cavity, the lungs collapse, -unless the adhesions formed between them and the pleura should prevent -it. Our first object will be to observe whether any quantity of fluid is -present in the chest, and whether it be limpid, as in dropsy; turbid and -containing flakes of coagulated lymph, as in cases preceded by much -inflammatory action; or purulent, as in empyema. Having removed the -liquid, should any be present, by the application of a large sponge, we -must proceed to examine the lungs, as to their colour and general -appearance; and, by the introduction of a blow-pipe into the trachea, we -should by means of the mouth or bellows inflate these organs, so as to -ascertain the degree of distention of which they are susceptible. We may -at the same time inspect their structure more minutely by raising each -lobe with the hand, introduced into the cavity of the thorax for that -purpose. We are next to cut into their substance in order to observe -whether they are gorged with blood, and inflamed; whether they are -crepitous and light, or dense like liver; and whether they contain any -tubercles; should these latter bodies be discovered, we have to -ascertain their magnitude, extent, and maturity, and whether any of them -have been developed into _vomicæ_. The anatomist should be cautioned not -to mistake the deep colour, and compact texture which occur in the -depending portions of the lungs, from the mere accumulation of blood in -consequence of gravitation, for an inflamed state of the organs; in -which latter case a crowd of fine vessels injected with blood of a -florid colour furnish a diagnosis that cannot be mistaken. - -In cases where a violent effort has preceded death, violet-coloured -spots containing venous blood may be perceived on the surface of the -lungs, and which are true ecchymoses, occasioned by the rupture of some -small vessels. Such phenomena must be carefully distinguished from the -livid, black spots, which have been observed in cases of narcotic -poisoning, and which are characterised by a more dense, and less -crepitating texture. In this stage of the dissection, we may -conveniently extend our examination into the trachea, and bronchiæ, and -observe whether these tubes contain frothy mucus as in drowning; -coagulated blood, as in pulmonary hemorrhage; pus, as in the event of -the rupture of a vomica or impostume; or ropy and tenacious mucus or -lymph, as in croup, tracheal inflammation, and bronchitis; or chyme, as -may occur in cases of intoxication, and diseases of the brain, where -vomiting has taken place during a state of insensibility.[31] We shall -at the same time be enabled to ascertain whether any mechanical -obstruction, from the presence of foreign bodies, exists in the -pulmonary passages, and which might have occasioned death to the -patient, as related under our history of suffocation, vol. ii, p. 57. - -The _pericardium_ may now be laid open by a longitudinal incision, and -we should note the quantity of fluid found in this cavity; in that of a -healthy subject there is generally as much as a tea-spoonful of serum. -It is important also that we should observe the quality, as well as -quantity, of this liquor. Blood has occasionally been found in this -situation, when neither a rupture of the heart, or any of its vessels -could be discovered; in such cases _Dr. Baillie_ is of opinion that the -blood has either passed through the coats of the vessels upon the -surface of the heart, by transudation, or been poured out by the relaxed -extremities of the small vessels opening upon the surface of that -portion of _pericardium_ which forms the immediate covering of the -heart.[32] The general appearance of the heart, as to colour, -flaccidity, size, and external character, should be observed before its -cavities are opened; for the energy of the heart may, in some degree, be -inferred from the tension of its fibres, and the red colour of its -substance; on the contrary, the opposite appearances would indicate a -very different condition of this vital organ, as is well illustrated in -the _asphyxia idiopathica_ of _Mr. Chevalier_.[33] It is not very -unusual to find adhesions connecting the heart more or less closely to -the pericardium; and it is perhaps worthy of remark that the length of -these adhesions will furnish, in some measure, an indication of the -interval that has elapsed, since the occurrence of the inflammation by -which they were produced; for they become gradually elongated by the -heart’s motion. _Dr. Baillie_ has noticed in his “Morbid Anatomy” an -appearance which the author has frequently met with in his -dissections,—a white opaque spot, as if from a thickening of the -pericardium; in some cases, it is not broader than a sixpence, at other -times, it equals in size that of a crown piece; it is most commonly -situated on the surface of the right ventricle, and consists of an -adventitious membrane formed on a portion of the pericardium, which -covers the heart, and may be easily dissected off, so as to leave that -membrane entire. The attention of the enquirer is directed to the -subject with a view to remind him, that the appearance is one that ought -not to be considered as morbid in its origin, or dangerous in its -effects. In acute rheumatism a fatal translation of the disease to the -heart sometimes occurs, in which case, its surface will be found -encrusted with coaguable lymph.—The condition of the blood-vessels forms -the next object of research; and they should be examined previous to the -removal of the heart, as to their calibre, and thickness, and whether -any inflammatory indications are observable, or any aneurism; this -latter disease has often existed without exciting any suspicion during -life. In opening the body of George II, the aorta was found callous at -the lower border of its curvature, and so dilated at its upper border, -that it was as thin as the finest paper, in which part the rupture took -place, and which was succeeded by a fatal hemorrhage; and yet the king, -before his death, had not the slightest symptom that appeared to deserve -much attention. In every case of sudden death the heart should be -removed from the body for the purpose of examination, and no anatomical -evidence should be received as conclusive, unless such an operation has -been duly performed. For this purpose, the blood-vessels should be first -secured by ligatures, for it is very essential to prevent the effusion -of blood; and, having then separated it from its attachments, we should -proceed to examine the organ in the following manner. Slit open, -longitudinally, by means of scissars, the right auricle, at its -foreside, then make an incision from the mouth of the pulmonary artery -to the point of the heart, guarding against the accident of injuring the -two sets of valves; now cut open the whole length of the pulmonary -artery, except at its beginning, and at its valves, which ought to be -left entire; lastly, open the pulmonary veins, and then the left auricle -and ventricle, in a similar manner with what was done to the -corresponding parts of the right side. - -We beg to direct the attentive consideration of the anatomist to this -important part of the inquiry; he ought to notice the quantity of blood -contained in the cavities of this organ, as well as its colour, and -state of coagulation, especially in relation to the arterial and venous -sides of the heart; the indications which such an examination may afford -will be fully appreciated by referring to our chapter upon “the causes -and phenomena of sudden death,” and that upon “suffocation.” In -examining the cavities of the heart, especially the ventricles, it not -unfrequently happens, that a mass of coagulated lymph, of a yellowish -colour, and of considerable firmness, is found to occupy them; this -phenomenon, from the manner in which its processes extend into the -fasciculi of muscular fibres of the heart, has acquired the name of -“_polypus of the heart_,” and was regarded by the older anatomists as a -very common and fatal disease. It is necessary to observe that the -phenomenon is now better understood, and it is universally admitted to -be the result of slow coagulation after death. The state of the valves -of the heart should be attentively inspected, for a disease in these -parts may have been the cause of the sudden death which we are -endeavouring to discover. The three _semi-lunar_ valves at the origin of -the aorta, and the _mitral valves_, are sometimes in a state of -ossification; those placed at the commencement of the pulmonary artery, -and the _tricuspid_ are less disposed to take on morbid action than the -preceding ones that occupy the arterial side; indeed, there are very few -well authenticated instances of such a change. Such a state of the -valves of the heart necessarily places the life of the individual in -extreme jeopardy, a rupture may be induced, and thus prove instantly -fatal, or the action of the heart may be suddenly arrested, and a fatal -syncope be the result; and from the suddenness with which death takes -place in such cases, there is no doubt that many persons so dying, have -been erroneously included in the list of apoplectic deaths. In certain -diseased states of the valves, the extremities of the body become -gangrenous, as if the heart were unable to propel its blood to the -extreme parts: the author well remembers two females who were admitted -into the Westminster hospital, with a disease of this kind, in which the -gangrene gradually extended upwards, and that, after death, the valves -of the heart were found ossified. The coronary arteries are occasionally -ossified, a circumstance which often accompanies a diseased state of the -valves of the heart, and that of the aorta; a change which has been -regarded as giving rise to the disease, termed _angina pectoris_, but -which would seem to be symptomatic of any morbid state of the heart. In -some cases the heart itself has been found ruptured; we have already -offered some observations upon this event, under the history of syncope, -p. 27. _Dr. Baillie_ has seen only one case, and in that, the blood -escaped into the pericardium, and the person instantly expired. - -_Examination of the abdomen._—In proceeding to the examination of this -cavity, and its contents, the first appearance to be noticed, is that of -the _peritoneum_, in which we have to observe whether any marks of -inflammation exist, as displayed by a crowd of very small vessels, -injected with florid blood, and a change in the texture of the membrane, -by which it appears to be thickened, more pulpy, and less transparent. -The existence and character of any fluid in the abdominal cavity should -be noted, for its nature will be found to be immediately connected with -the nature and extent of the disease by which it has been produced; if -the liver be schirrous, the fluid will be tinged with bile, and of a -yellowish colour; if extreme debility accompany the disease, it will -often be of a chocolate colour, from the admixture of blood; should no -disease exist in any of the viscera, it will resemble that of the serum -of the blood. Previous to the removal of the viscera for more minute -examination, it will be proper to observe their general situation and -appearance, and to notice particularly whether the calibre of the -visceral tube be natural, distended, or contracted; in some instances -its diameter is sensibly diminished, as in cases of poisoning by lead. -It sometimes occurs that the intestines are glued together with -extravasated lymph; and, at others, that the abdominal viscera are more -or less joined together by adhesions, which are the effects of former -inflammation; these adhesions become gradually so elongated as to -produce little or no inconvenience. If upon opening the cavity of the -abdomen we should have reason to suspect the existence of any -perforations in the stomach or bowels, the anatomist must proceed with -great caution, so as not to enlarge their diameters, or alter their -appearance. In the case of _Miss Burns_, the medical report lost much of -its value, from the want of due precaution in this particular; _see our -account of the dissection_, _vol._ ii, _page_ 178. Should the contents -of the stomach or intestines have escaped into the general cavity, we -should be careful in collecting such matter, with a view to its future -analysis. The size and appearance of the stomach must be noted, and we -should observe whether any marks of inflammation, or gangrene, are -visible on its external surface; in tracing the intestinal tube through -its course, any appearance of inflammation, or phlogosis, should be -attentively examined; for which purpose a ligature may be passed at some -distance above and below the patch, and the portions of the intestine be -then removed. In many cases it will be essential to remove the stomach, -as where poisoning is suspected; for which purpose double ligatures, -about an inch asunder, must be placed above the _cardia_, and similar -ones in the _duodenum_; the division may then be made by the scalpel in -the space between them. The stomach should be examined without delay, -for no one who has not been engaged in such researches, can form an idea -of the rapidity with which this viscus loses its characteristic -appearances by exposure to air. The stomach is to be slit open with a -pair of scissars, care being taken that none of its contents are lost. -If the deceased had been found in the water, the quantity of that fluid, -found in this viscus, should be noted; and under such circumstances, the -presence of any weed, mud, or other extraneous matter, requires -particular notice. The quantity of alimentary matter will also afford an -object of remark, and it will be right to observe whether, by odour or -inflammability, the presence of any spirit can be detected. Having then -disposed of the contents of the stomach, and referred them to the -chemist for examination, we proceed to examine the viscus itself; in the -first place, we should be careful in ascertaining whether any white, or -shining particles adhere to its coats; if so, the substance must be -preserved for future analysis; the _cardia_ and whole interior of the -stomach is to be carefully inspected, and every indication of -inflammation, ulceration, gangrene, and schirrosity, is to be noted in -reference to its exact situation and appearance; with a view to deduce -an opinion as to the probability of its being the effect of poisonous -ingesta, or of recent, or remote disease. The mucous membrane of the -stomach should be squeezed between the fingers, and the nature of the -matter, if any should ooze out, must be noted, which on some occasions -will furnish a valuable diagnosis; where, for instance, the person had -died of _melæna_, a black matter, similar to that vomited will exude, a -phenomenon which is never visible in cases of acrid or corrosive -poisoning. We have already entered so fully into the history of gastric -perforations, that it will be only necessary to allude to them on this -occasion; _see vol._ i, _page_ 164. The state of the villous coat should -always be minutely inspected, we should however be cautious in -pronouncing every red appearance as indicative of inflammation; it may -in some cases depend upon the presence of colouring matter derived from -the ingesta; (_see the case related in vol._ ii, _p._ 231.) Nor ought -the state of the œsophagus to be overlooked, which in cases of poisoning -will afford an important indication; it should, therefore, be removed -from the body; had this dissection been performed in the case of _Miss -Burns_, the medical witnesses on that memorable occasion, would have -been spared, at least, one great cause of censure. It is not impossible -but that the œsophagus may be ruptured in a violent paroxysm of -vomiting, and thus be the cause of death. _Boerhaave_ relates an -interesting case of this kind, which occurred to _Baron Van Wassener_, -Admiral of Holland. - -Rupture of the stomach is an occurrence which sometimes takes place from -the action of vomiting, during the progress of ulceration, when the -membranes of this viscus are nearly perforated. It also occasionally -happens from external violence. In the _Medical Repository_,[34] a case -of ruptured stomach is related by _Mr. Brown_, in which the accident -must have been occasioned by the action of the diaphragm and abdominal -muscles, at the time of exertion, the stomach of the individual having, -from disease, been less capable of sustaining any degree of violence. -The following are the particulars of the case; “A coal-heaver, aged 50, -whilst stooping in the act of lifting some coals, placed his hand -suddenly on the pit of the stomach, and complained of severe pain in -that situation; this was immediately succeeded by two deep sighs, when -he dropped down and expired. On dissection, the parts immediately round -the opening were in a higher state of vascularity than the rest, and put -on a decidedly torn appearance, which was also observable in the -peritoneal coat.” - -In pursuing the track of the alimentary canal we have to observe whether -any marks of peritoneal inflammation present themselves; and whether any -signs of inflammation in the muscular or mucous coats are visible -through the transparent parietes of the intestine; and although no -appearance of this kind can be discovered on the external coat of the -bowels, we are not, on that account, to conclude that they have been -free from inflammation; we must persevere in our dissection, and slit -open the intestines in different parts, especially at the entrance of -the _ilium_ into the _colon_; the valve of the latter gut should also be -inspected; nor should the _rectum_ escape our attention, for its -extremity is sometimes inflamed together with the stomach, while the -intermediate portions of the canal are not in the least affected; this -peculiarity occurs in many cases of poisoning, as those, for instance, -in which colocynth or elaterium have been exhibited. An empoisoned -clyster may have been administered; or, as in the case of _King Edward_ -II, a hot poker, or some other instrument thrust up the rectum. We -should also in this part of the dissection, ascertain whether any -_intus-susceptio_ has taken place, a derangement not very rare, and -frequently fatal; it consists in a portion of gut passing for some -length within another portion, and dragging along with it a part of the -mesentery; it may take place in any part of the canal, but it more -usually occurs in the small intestines, especially where the ilium -terminates in the _colon_; in the examination of infants an -_intus-susceptio_ is not unfrequently found, which had been unattended -with mischief, and in which the natural peristaltic motion of the -intestines would have easily disentangled them; but, in other cases, an -unrelenting obstruction is established, inflammation follows, and life -is soon terminated, as was exemplified in the case of the infant -Princess Elizabeth of Clarence. - -The liver may present several morbid phenomena, which, in a dissection -instituted for the purpose of discovering the cause of death, ought not -to be overlooked. It may also be found ruptured, an occurrence which may -take place where little or no external injury can be perceived, as from -a sudden fall, or from the application of strong pressure applied to the -upper part of the abdomen, such as might be occasioned by the passage of -a heavy carriage over the body. _Morgagni_ relates several instances of -ruptured liver, by mechanical causes, without any considerable injury of -the integuments. In the _Medical Transactions of the College of -Physicians_,[35] a very interesting case is communicated by _Dr. George -Pearson_, of a young man who fell with his _right hypogastrium_ and -_epigastrium_, upon the edge of a pail, which he held in his hand, as -the sixth step of a ladder, upon which he was standing, suddenly broke; -his death happened ten hours after the accident, and upon dissection, -the right lobe of the liver was discovered divided, in an oblique -direction, through its whole substance, from its extremity on the right -side, to the border of the left lobe; the two portions being only -connected by the _vena cava_, and the trunks of the _venæ cavæ -hepaticæ_. - -The author has been informed by _Dr. Harrison_ that, while at _Mantua_, -he saw a man who had received a kick on the right _hypochondrium_ from a -horse that he was shoeing; he did not complain of much pain at the time, -but exhibited an anxious countenance, and was attacked with -_coffee-ground_ vomiting. He died on the following day, and upon opening -the abdomen the liver was found ruptured, and the peritoneum -inflamed.[36] - -The spleen may be brought into view for our examination by drawing the -stomach towards the right side, when the one viscus will follow the -other. This organ, like the liver, may be ruptured by violence; of which -we have already cited an instance[37]. - -The _pancreas_ is to be seen by tearing through the great omentum, -between the large curve of the stomach, and the arch of the colon. The -anatomist will proceed to the examination of the remaining structures in -the abdomen with a facility that renders any farther directions -unnecessary; we have only to repeat that in cases of forensic interest, -the inspection cannot be too minute. The appearance of the kidneys, -although not generally an object of dissection, ought to be noticed, as -it is frequently connected with the exhibition of poisons; like the -other solid viscera too, the kidneys may be ruptured by external -violence, and several instances are recorded of sudden death having been -thus occasioned. - -_Examination of the uterus and its appendages._—In the case of a female -the organs of generation should always be inspected; very important -conclusions may be deduced from the discovery of an unimpregnated -uterus. In the case of _Miss Burns_, to which we have so frequently -alluded in the progress of our work, this part of the dissection was so -incomplete as to occasion considerable dissatisfaction. The uterus and -its appendages having been carefully removed from the body, we should -proceed to expose the cavity of the former by an incision, from near the -_os tincæ_ to the _fundus_, and by a transverse section at the _fundus_, -between the inner ends of the _fallopian tubes_. This organ is liable, -amongst other diseases, to inflammation, ulceration, schirrus, -tubercles, polypus, dropsy, and organised masses, or _moles_; upon which -we shall offer such observations as appear to connect the dissection -with questions of forensic interest. In an adult and unimpregnated -female its length is about 2½ inches; its thickness, 1 inch; its breadth -at the fundus 1½ or 2 inches, and at the cervix about 10 lines. Although -it returns after parturition to its original size, it never becomes -again so small as it was in the virgin. In women who have borne many -children, the neck of the uterus is generally thicker, and more rounded; -its orifice, or _os tincæ_, is always very gaping, and the lips more or -less irregular, presenting generally one or more grooves, or chops, -separated by what appear like tubercles. The _os uteri_ may, however, be -as regular in its figure in women who have borne children, as in others; -and on the contrary, it may present in the latter, those irregularities -which are more usual in the former; hence the inferences drawn from the -state of this part, in cases where infanticide is suspected, or where -parturition is supposed to have been concealed, cannot be received as -being unexceptionable, although they will add to the weight of evidence, -and assist us, in conjunction with other evidence, in attaining that -high degree of probability, which practically amounts to certainty. The -cavity of the _cervix uteri_ undergoes also a change in form and -appearance, which it is necessary to notice, although we are not -disposed to assign very great importance to its indications. In women -who have never borne children, the figure of the cavity may be said to -resemble that of two cones joined bases to base, more capacious in the -middle than at the two extremities; but, from the time of conception, -that extremity of the canal, which opens into the vagina, is dilated; -and, after parturition has once occurred, it is always found much wider -than before, when it represents a cone with the basis towards the -_vagina_, and the apex towards the _fundus uteri_. By a schirrous -enlargement, the uterus may arrive at a very considerable size. _Dr. -Baillie_ has seen it as large as the gravid uterus at the sixth month; -the cavity may also enlarge and contain a _polypus_, which is a very -common disease at middle or advanced age; it has been defined “a -diseased mass, which adheres to some part of the cavity of the uterus, -by a kind of neck, or narrower portion.” An attempt was made on the -trial of _Charles Angus_ to explain the appearance presented by the -uterus of _Miss Burns_, upon the supposition of an _hydatid_ having been -recently ejected from it, (_see vol._ i, _p._ 254.) Water has been known -to have accumulated in very considerable quantities in the cavity of the -uterus,[38] in some cases to the amount of fifty, sixty, or even a -hundred pints. - -If a woman die from hemorrhage, or from any other cause in child-birth, -the appearances that will present themselves on dissection have been -thus clearly described by _Professor Burns_.[39] “The uterus is found -like a large flattened pouch, from nine to twelve inches long; the -cavity contains coagula, or a bloody fluid, and its surface is covered -by the remains of the decidua. Often the marks of the attachment of the -_placenta_ are very visible. This part is of a dark colour; so that the -uterus is thought to be gangrenous by those who are not aware of the -circumstance. The surface being cleaned, the sound substance of the womb -is seen; the vessels are extremely large and numerous; the fallopian -tubes, round ligaments, and surface of the ovaria, are so vascular that -they have a purple colour. The spot where the ovum escaped is more -vascular than the rest of the ovarian surface. This state of the uterine -appendages continues until the womb has returned to its unimpregnated -state. A week after delivery, the womb is as large as two fists; at the -end of a fortnight, it will be found about six inches long, generally -lying obliquely to one side; the inner surface is still bloody, and -covered partially with a pulpy substance like decidua. The muscularity -is distinct, and the orbicular direction of the fibres round the orifice -of the tubes very evident. The substance is whitish. The intestines have -not yet assumed the same order as usual; but the distended cæcum is -often more prominent than the rest. It is a month, at least, before the -uterus returns to its natural state, but the os uteri rarely, if ever, -closes to the same degree as in the virgin state.” - -The ovaria are susceptible of very considerable enlargement by diseases, -so as to occasion the appearance of pregnancy, the most common of which -is dropsy; in some cases the whole substance is converted into a capsule -containing fluid, so large as to occupy nearly the whole cavity of the -abdomen. There is one phenomenon, connected with the morbid anatomy of -these organs, that deserves particular notice in this work, as being a -subject in some degree connected with judicial enquiry—the change of -these parts into a fatty substance containing hair and teeth! these -appearances have been often regarded as imperfect ova, in consequence of -impregnation, but it should be generally known that they take place -without any intercourse between the sexes, and appear to depend upon -causes very remote from those to which we allude.[40] In our examination -of the ovaria, it is essential to remark whether any _corpus luteum_ be -present; and upon this subject and the value of its indications, it will -be necessary to offer a few remarks. The _corpora lutea_ are oblong -glandular bodies, found in the ovaria of pregnant animals; they have -been regarded as the _calyces_, from which the impregnated ovum has -dropped;[41] they are largest and most conspicuous in the early state of -pregnancy, and remain for some time after delivery, when they gradually -fade and wither until they disappear. The phenomenon has been eagerly -seized by the juridical physician as furnishing an indication of -pregnancy; and, to a certain degree, the test may be admitted; but cases -have occurred in which a _corpus luteum_ has been found, where -impregnation could not have occurred;[42] it is probable that upon -certain occasions extreme salacity may disengage an ovum, and thus -produce the _corpus luteum_, although the former without sexual -intercourse can never be developed in the uterus; but this is an -exception to the general law of Nature, and the _corpus luteum_ may -still be regarded as a presumptive proof of pregnancy. _Mr. Stanley_, in -a very excellent memoir, published in the _Medical Transactions of the -College_, _vol._ vi, observes that “the _corpora lutea_ in the ovaries -of virgins may, in general, be distinguished from those which are the -consequence of impregnation, by their smaller size.” - -After all that has been said, our opinion in a case of supposed -impregnation must, in the earlier stages, be formed from a review of all -the circumstances appertaining to the condition of the uterus, ovaria, -and fallopian tubes; and should these present such appearances as they -usually assume in pregnancy, and the condition of the mammæ should at -the same time agree with them, the proof is strongly presumptive; -although it must fall short of the demonstration which the actual -inspection of the _ovum in utero_ can alone afford. - -The external parts of generation ought also to constitute an object of -inspection. We have already considered the degree of evidence which they -are capable of affording upon the subject of virginity, _vol._ i, _p._ -203, 429. In examining the vagina, it will be necessary to observe -whether any shining or gritty particles are discoverable, (_see vol._ -ii, _p._ 222.) It is also possible that some hard body may have been -introduced into the genital organs, for a felonious purpose; a trial for -a crime of this nature took place at Durham in the year 1781, when -_Magaret Tinckler_ was indicted for the murder of _Janet Parkinson_, by -having inserted wooden skewers into the womb, for the purpose of -producing abortion; it appeared on dissection that there were two holes, -in a gangrenous condition, which these extraneous bodies had occasioned, -and to which the deceased had fallen a victim. _East’s P. C. tit. -Murder._ Had these skewers been introduced after death, the appearances -would have immediately denoted the fact, and could not be mistaken for -the effects of inflammation and gangrene. - -Having concluded our dissection, it will be right to preserve those -parts, from whose condition or appearance any legitimate deduction can -be made. In cases of poisoning, the stomach and intestines should be -kept, for we may require them in our subsequent experiments. In the -occurrence of eschars, perforations, and gangrenous, or inflamed -patches, the anatomist should remove such appearances together with a -portion of the surrounding sound parts, and he should carefully preserve -them in alcohol, or in salt and water; and in cases where the state of -the uterine system is involved in the inquiry, the uterus and its -appendages, should be removed. In the case of _Miss Burns_, the -witnesses must have experienced a considerable degree of satisfaction -arising from a precaution of this kind, for they were thus enabled to -obtain a confirmation of their opinion from the most eminent midwives in -London. - -After this service has been duly performed, the body must of course be -committed to the grave; but should it not have been satisfactorily -identified, the head ought to be preserved in spirits, in as natural a -state as possible, that it may be recognised by the friends of the -deceased. A curious instance stands on record, where this precaution led -to the detection of the murderers. _Catherine Hayes_, and two -accomplices, _Billings_ and _Wood_, murdered the husband of the former, -cut off his head, and threw it into a dock near the Horseferry, -Westminster. The head was in a few days found, and exposed on a pole in -St. Margaret’s Church-yard, and afterwards preserved in spirits, by -which means the face of the deceased was identified, and the -perpetrators of the crime discovered, for which they were executed at -Tyburn in the year 1726. - - - EXAMINATION OF THE SKELETON. - -It will appear in the course of the present inquiry, that the anatomist -may be called upon to examine a part, or the whole skeleton of a person -supposed to have been murdered; and his evidence upon such occasions -will be of the greatest importance. Convinced of this fact, we are -induced to offer the following observations. - -The stature of the human skeleton varies very considerably in different -individuals; in the Museum of the College of Surgeons there is a male -skeleton, the height of which is eight feet two inches; while we are -informed by _Mr. Wilson_,[43] that he has seen a perfectly well formed -skeleton of an adult person which measured only thirty-five inches; and -a dwarf was lately exhibited in London of a still less stature; but in -this latter case, the head was disproportionably large. There may have -been some individuals a few inches taller, and others a few inches -shorter than these, but we have no authentic records of the human -stature exceeding nine, or at most, ten feet. The size and dimensions of -the human figure, notwithstanding the fables of antiquity,[44] appear to -have been much the same in all ages of the world. The Egyptian mummies -of three thousand years standing, exhibit no difference in stature from -the men of our own days; and we read that the Emperor Augustus was -considered by the Romans as a person of middle stature, and his height -is recorded as that of five feet, nine inches, of our measure. - -In our general view of the human skeleton, two important problems -present themselves for solution—the _Age_, and _Sex_, of the individual -to whom it belonged. The skeleton of the fœtus, with which we shall -commence our observations, is capable of furnishing more satisfactory -data upon the subject of age than any examination of its softer -textures, which are necessarily less evident and regular in their -progress of developement. _M. Beclard_ has deduced from his examination -of above fifty fœtuses, the following calculations, which it may be -important to record. After two months have elapsed from the period of -conception, the skeleton is about 4 inches and 3 lines in length, that -of the spine being 2 inches. At three months, the former is 6 inches, -and the proportion of the spine as 2⅔ to 6. At four months and a half, -it is 9 inches, and the spine 4. At six months it is 12 inches, the -spine being 5. At seven months and a half, it is 15 inches, the spine -6⅓. At nine months, or at the period of birth, it is ordinarily from 16 -to 20 inches in length; or, at a medium, 18 inches, and the spine is in -the proportion of 7¾ to 18. - -Ossification does not take place with equal rapidity in every bone; the -ribs and clavicles are completely converted into bone long before birth, -while the bones of the _carpus_, _tarsus_, and more particularly the -_patella_, are not completed until some years afterwards; certain parts -of bones are not formed until after birth, as the _mastoid processes_, -and the projections of the _frontal sinus_; nor are the _epiphyses_ -consolidated with the body of the bones, so as to constitute -_apophyses_, until many years. With regard to the general developement -of the skeleton after birth, it may be observed, that the proportion of -cartilage is in an inverse ratio to the age; reckoning from the -twentieth year backwards, the younger the subject the larger is its -head, compared with the trunk and limbs; the smaller the bones of the -face, but the larger the fontanelles; the flatter is the lower part of -the face; the larger the chest, in relation to the pelvis; the shorter -the limbs; the larger the clavicles; the smoother and flatter the broad -bones, but the rounder those that are cylindrical. (_See Albert Durer on -the proportions of the bones_, _Lib._ 1.) The chemical composition of -the bones, in relation to their _phosphate of lime_, and _gelatine_, -varies also very materially at different ages. It may be stated that the -quantity of the former substance deposited in the texture of bones, is -in the direct ratio of the age; the bones of the fœtus are at first -entirely gelatinous; at the time of birth, and during the first years of -life the organic part superabounds; in youth the quantity of each -constituent is nearly equal; in adults the calcareous earth forms almost -two-thirds of their substance; and finally, by gradual accumulation in -old age, its excess obliterates the organized parts; so that the -skeleton of the aged person may be distinctly recognised; besides which, -the sutures of the skull are generally lost, and the absorption of the -alveolar processes again imparts to the face the physiognomy of the -infant. - -The male and female skeleton may be said to differ, not only in the -whole combination, or in the general impression, from a comparative -survey, but also in the form and properties of the individual parts. The -bones of the female are generally smaller, more delicate, and the -muscular impressions, and asperities are less distinctly marked on them. -The articulations are smaller, and the shaft or body of each cylindrical -bone is more slender in comparison with the articular ends; the frontal -sinuses are smaller, and the superciliary arches less prominent; all the -bones of the face are more slender; the figure of the alveolar circle is -more elliptical in both jaws; whereas in the male it is more circular. -The differences, however, are in many cases very equivocal, since they -may occur in the male as well as in the female skeleton; in the former, -where the individual has had a feeble constitution, and never used -active exercise; while in the latter, hard labour will frequently confer -upon her bony structure the masculine contour which we have described as -generally belonging to the male skeleton. The only decisive marks, -therefore, by which a female skeleton can at once be distinguished, are -to be found in the structure of the pelvis, and arise from the obvious -cause of the female possessing a proper frame to become a mother. The -pelvis of a female, at and below the _linea innominata_, formed by the -lower part of the inside of the _ileum_, and ridge of the _pubes_, is -much more capacious, from side to side, than in the male. The entrance -or brim of the cavity is also more oval, the greatest diameter being -from side to side. In the male it is more triangular, and the greatest -diameter at the brim is from the fore to the back part; there is not -much difference in the breadth of a male and female pelvis, belonging to -individuals of nearly the same height, if measured from the anterior -part of the spine of the _ileum_ to the corresponding part of the -opposite side; the difference in breadth is chiefly confined to the -basin-like part of the cavity. The _symphysis pubis_ is broader in the -female, and the angle underneath it is much more obtuse, the space -between the descending rami of the pubes is consequently larger. The -_sacrum_ is broader, less curved, and turned more backwards; this also -adds to the capacity of the cavity. The _os coccygis_ is more moveable, -and much less bent forwards so that it does not project so much into the -pelvis. The _tuberosities_ of the _ischia_ are farther distant from each -other, and from the _os coccygis_; and as these three points are farther -asunder, the notches between them are consequently wider, and there is -of course a much greater space between the _os coccygis_ and _pubes_; -and lastly the whole _pelvis_ is less massy, but more capacious and -shallow in the female structure.[45] There are, moreover, some striking -peculiarities to be discovered in the structure of the thorax, which if -not equally satisfactory with that derived from a comparison of the -_pelvis_, deserve serious attention. The whole thorax is shorter in the -female, larger above as far as the fourth rib, narrower below; more -moveable, less conical; more convex in front; more distant from the -_pelvis_, the interval between the last rib, and the _os innominatum_ -being greater; less prominent anteriorly, so that when the trunk is -supine, the _symphysis pubis_ is the highest point in the female, -whereas in the male subject, the thorax is the most elevated; the -sternum is also shorter in the female, ending at the plane of the fourth -rib, while it reaches to the plane of the fifth in the male; the -clavicles are likewise less strongly curved, so that the _scapulæ_ are -thrown backwards; the female _scapulæ_ are, moreover, smaller, -slenderer, flatter, and have acuter angles than those of the male. - -We have been thus minute in our endeavour to establish rules for -discriminating between the male and female skeleton, because it has been -a question of judicial inquiry. The supposed difficulty of ascertaining -the sex of a skeleton constituted a principal feature in the celebrated -defence of _Eugene Aram_ for the murder of _Daniel Clarke_, and which, -on account of its extreme ingenuity, has been introduced at length in -our _Appendix_, p. 311. - -In examining detached and isolated portions of the skeleton, we must -take care not to mistake natural fissures and _foramina_ for the effects -of violence; we have already observed that the _sagittal suture_ has -been pronounced to be a fracture. But the most extraordinary -illustration of such an error that can be adduced, is that presented to -us in the history of a case that occurred at Exeter, and which the -author of this work is enabled to present in an authentic form through -the kind assistance of his friend, _Wm. Tucker, Esq. of Coryton, -Devonshire_, a gentleman, who has been too long known, and too -universally respected, as an active and upright magistrate, to render -any panegyric necessary on the present occasion. - - - THE CASE OF THOMAS BOWERMAN. - -DEVONSHIRE.——_At the Devon Assizes in March, 1800, a Bill was preferred - before the Grand Jury against_ Thomas Bowerman, _for the Murder of_ - Mary Gollop, _a Bastard Child of_ Sarah _his Wife, by another man, - previous to her marriage, at the parish of Uffculme, in the said - County_. - -_Mary Gollop_ lived with her mother, the wife of _Thomas Bowerman_, in -_Bowerman’s_ house, at Uffculme, and had been often noticed on account -of the ill treatment she was known to experience from _Thomas Bowerman_. -About Michaelmas, 1797, being then about fourteen years of age, she was -reported to have died suddenly in her father’s house, and she was -accordingly buried on the first day of October, 1797, in the church-yard -of Uffculme. - -In January, 1800, _Thomas Bowerman_ was committed to the Devon -Bridewell, at the suit of the overseers of the poor of Uffculme, on a -conviction for having ran away and left his children chargeable to the -parish of Uffculme. His wife was at that time dead, and _Elizabeth_, one -of his children, about twelve years old, had been removed to the parish -workhouse, and was there maintained at the expense of the parish. -_Elizabeth Stark_, the mistress of the workhouse, in a conversation with -_Elizabeth Bowerman_, mentioned to her, that on her father’s return from -Bridewell, after the expiration of his sentence, she would be sent to -her father’s house to be by him maintained and clothed. _Elizabeth -Bowerman_ burst into tears, saying she could never again live with her -father if he did return, as she was afraid he would murder her as he did -her sister. She then stated that her father killed her sister, _Mary -Gollop_, by pushing an awl into her head. She saw him do it, and he made -her mother and herself wipe up the blood, and said he would serve her -the same if ever she told of it. - -_Mrs. Stark_ remonstrated with _Elizabeth Bowerman_ on the incredibility -of her story; but in spite of all admonition, she persisted in asserting -the truth of her statements, repeated without variance the particulars -of the case, and pointed out the part near the ear where the perforation -had been made. On the prevalence of this report, in the month of -February, 1800, it was judged expedient by the parishioners to consult -the Coroner, who ordered the disinterment of the body of _Mary Gollop_, -and held an inquest, by whom the skull was inspected, on which was found -a small hole of the size of an awl on the side of the head near the ear, -in the place that _Elizabeth Bowerman_ had pointed out. - -The Jury thereupon returned against _Thomas Bowerman_ a verdict of -Wilful Murder. - -The circumstances of this case excited the attention of the late _Mr. -Sheldon_, then living in Exeter. He obtained access to the skull, and on -viewing it declared his opinion that the hole in the skull, supposed to -have been made by an awl, was a natural perforation, and had not been -effected by an awl or any other instrument; and as proofs of his -position, he pointed out a small bed or channel leading from the hole, -which he said was made by the passage of a vein, and a sort of enamel -round the hole, which could not have been there if made by force or art. -In further illustration of this truth, he produced a dozen or more human -skulls having on them similar perforations variously situated, and each -hole having a small channel, and the rim or edge of the hole smooth and -polished. - -_Mr. Sheldon_ attended the Grand Jury at the said assizes on the -investigation of this charge: before whom it is presumed he gave the -same testimony. The Grand Jury returned “No Bill” against _Thomas -Bowerman_ for the murder of _Mary Gollop_. - - -Another question of forensic interest has arisen upon this subject that -requires some notice. Whether there are not bones in the structures of -inferior animals, that so nearly approach those of the human species in -figure and appearance as to admit the possibility of their being -mistaken for them, by the superficial anatomist? It must be admitted -that there does exist a similitude in the skeletons of different -animals, of which the common observer cannot derive the least notion -from the shape of the parts they sustain, or from the general aspect of -their external form. _Bats_, for instance, appear to have wings, but an -attentive examination demonstrates that they are real hands, the fingers -of which are merely somewhat lengthened; still, however, it is the bones -of quadrupeds that can alone be mistaken for those of man, and of these -the cylindrical ones are the most likely to mislead us; for example, the -_Humerus_ varies little in its form, except perhaps in the proportional -length of the bone, and the elevation of its spines: the _Ruminantia_, -in general, have the _great tuberosity_ very high, and the _linea -aspera_ very prominent. To _Cuvier_ we are much indebted for the marks -of discrimination by which we may determine to what genus of animal the -isolated parts of a skeleton belong; and his researches have changed the -opinion regarding the character of many organic remains. Most of the -labourers in the Gypsum quarries about Paris are firmly persuaded that -the bones which they contain are, in a great part, human remains; but, -after having seen and carefully examined many thousands of them, -_Cuvier_ unequivocally declares that not a single fragment has ever -belonged to our species. Another similar discovery has been made by this -illustrious anatomist, in the history of the extraneous fossil bones -from the island of Cerigo, and deposited by _Spallanzani_ at Pavia as -human remains, but of which he affirms there is not one that ever formed -a part of the human skeleton; the same _tact_, if we may so express this -peculiar merit of _Cuvier_, enabled him to decypher the “_Homo Diluvii -Testis_” of _Scheutzer_, and to restore it to its true genus, the -_Proteus_. - -We shall close our remarks upon the fallacies by which the bones of -quadrupeds have been mistaken for those of man, by the interesting -account of the remains which were found by _Belzoni_ in a sarcophagus in -the second pyramid of Egypt, and for a detailed relation of which we are -indebted to _Captain Fitzclarence_, in his overland route from India. -These bones were believed to be no other than the remains of _King -Cephrenes_, who, according to _Herodotus_, is supposed to have built the -pyramid, and to have been buried in its cavern; unfortunately, however, -for the antiquarian’s conjecture, _Mr. Clift_, of the College of -Surgeons, has satisfactorily proved that the bones in question are not -human, but belong to an animal of the genus _Bos_. - - - - - ABORTION AND INFANTICIDE. - - -Although a child _in ventre sa mere_ has for certain purposes civil -rights from the earliest period of conception, yet it was long -undetermined in what rank of crime the killing of a fœtus should be -placed. “It was anciently holden, says _Hawkins_, (_1 P. C._ 121) that -the causing an abortion, by giving a potion to, or striking a woman big -with child, was murder.” But at this day it is said to be a great -misprision only, and not murder, unless the child be born alive, and die -thereof, in which case it seems clearly to be murder, notwithstanding -some opinions to the contrary.[46] And in this respect the common -law[47] seems to be agreeable to the _Mosaical_,[48] which as to this -purpose is thus expressed. “If men strive and hurt a woman with child, -so that her fruit depart from her, and yet no mischief follow, he shall -surely be punished, according as the woman’s husband will lay upon him, -and he shall pay as the judges determine; and if any mischief follow, -then thou shalt give life for life.” - -“It seems also agreed, that where one counsels a woman to kill her child -when it shall be born, who afterwards does kill it in pursuance of such -advice, he is an accessary to the murder.” _1 Hawk. P. C._ 121, and -authorities there cited. - -By the old law[49] there was this difference between ordinary murder, -and the murder of _bastard_ children, that in the latter case the _onus -probandi_ was in some measure thrown upon the supposed criminal, a -practice totally at variance with our general principles of justice; and -though many fictions and judicial evasions were resorted to for the -purpose of softening the extreme rigor of this statute,[50] as by -supposing that very slight circumstances, as knocking for help when in -labour, providing linen, &c. took away the concealment,[51] yet the law -remained in nominal force till the passing of the stat. 43 _Geo._ 3, -_c._ 58, by which it is enacted that trials of women for the murder of -bastard children should proceed on the same rules of evidence as trials -for murder.[52] This part of our subject, therefore, might have been -considered under the general head of murder; but though the legal -distinctions which marked the crime of infanticide are thus removed, -there are yet so many peculiarities in the physiological mode of -collecting the evidence of its commission, that we have reserved it for -separate consideration, in conjunction with the offence of procuring -abortion to which it bears a close affinity. - -The case of the _King_ v. _Phillips_, 3 _Campb. R._ _p._ 73, appears to -have been the first that was tried under the new law. - -This was an indictment on the 2d sect. of _Lord Ellenborough’s_ act, 43 -_Geo._ 3, _c._ 58, for administering _savin_ to a woman _not_ quick with -child, for the purpose of procuring abortion.[53] - -The first count of the indictment charged that the prisoner on the 10th -day of January 1811, and on divers other days and times between that day -and the 20th of March in the year aforesaid, at the parish of St. Mary’s -in the county of Monmouth, wilfully, maliciously, unlawfully and -feloniously did administer to and cause to be administered to and taken -by one _Hannah Mary Goldsmith_, single woman, divers large quantities, -that is to say, 6 ounces of the _decoction_ of a certain shrub called -_savin_, then and there being a noxious and destructive thing, the said -_H. M. G._ on the said 10th day of January in the year aforesaid, and -continually from thence until the said 20th day of March in the year -aforesaid, at &c. aforesaid, being with child, but not quick with child, -to wit, at the respective times of administering such divers large -quantities of the _decoction_ of the said shrub called _savin_ as -aforesaid, with intent thereby to cause and procure the miscarriage of -the said _H. M. G._, against the form of the statute, &c. - -It appeared that the prisoner prepared the medicine which he -administered to Miss _Goldsmith_ by pouring boiling water on the leaves -of a shrub: and the medical men examined, stated that such a preparation -is called _an infusion_ not a _decoction_,—which is made by boiling the -substance in the water. - -The prisoner’s counsel insisted that he was entitled to an acquittal on -the ground that the medicine was misdescribed. - -_Lawrence, J._ This objection will not hold. The infusion and decoction -are _ejusdem generis_, and the variance is immaterial. The question is, -whether the prisoner administered any matter or thing to this woman with -intent to procure abortion. - -Witnesses were called for the prisoner to prove that the shrub he used -was not _savin_. - -The counsel for the prosecution, insisted, that even in that case the -prisoner might be found guilty upon the last count of the indictment, -which charged that he administered a large quantity “of a certain -mixture to the jurors unknown, _then and there being a noxious and -destructive thing_.” - -The prisoner’s counsel objected that unless the shrub was _savin_, there -was no evidence that the mixture was “noxious and destructive.” - -_Lawrence, J._ In an indictment on this clause of the statute, it was -improper to introduce these words; and although they are introduced, -there is no necessity to prove them. It is immaterial whether the shrub -was _savin_ or not, or whether or not it was capable of procuring -abortion,[54] or even whether the woman was actually with child. If the -prisoner believed at the time that it would procure abortion, and -administered it with that intent, the case is within the statute, and he -is guilty of the offence laid to his charge. - -The prisoner urged that he had given the young woman an innocent draught -for the purpose of amusing her, as she had threatened to destroy -herself, unless enabled to conceal her shame; and the Jury returned a -verdict of _not guilty_. - -The prisoner had been previously tried on the _first_ section of the -statute[55] for the capital charge, in administering savin to Miss -_Goldsmith_ to procure abortion, she being then quick with child.[56] In -point of fact, she was in the fourth month of her pregnancy. She swore, -however, that she had not felt the child move within her before taking -the medicine, and that she was not then quick with child. The medical -men in their examinations, differed as to the time when the fœtus may be -stated to be quick, and to have a distinct existence; but they all -agreed that in common understanding, a woman is not considered to be -quick with child till she has herself felt the child alive and quick -within her, which happens with different women in different stages of -pregnancy, although most usually about the sixteenth or eighteenth week -after conception. - -_Lawrence, J._ said, this was the interpretation that must be put upon -the words _quick with child_ in the statute; and as the woman in this -case had not felt the child alive within her before taking the -medicine,—he directed an acquittal. - -It cannot be necessary here to repeat that the popular idea of quick or -not quick with child is founded in error;[57] yet as Acts of Parliament -are not often drawn, and seldom even reviewed previous to their passing, -by those whose profession, science, trade, or business, would best -enable them to convey their meaning with distinctness; and as penal -statutes must be construed strictly, and according to the ordinary and -obvious meaning of the words, we must be content to recognise a -distinction in law which does not exist in nature. There is, however, -another peculiarity in the two sections which are founded on this -distinction of _quick_ or _not quick_, which calls for immediate -attention; in the first of these, that which applies to women quick with -child, and in which the offence is made a capital felony, there is no -mention of _using any instrument or other means whatever_, but the crime -is confined to _administering_ any deadly poison, or other noxious and -destructive substance or thing; while in the clause against the minor -offence the use of _instruments or other means whatsoever_ is expressly -included. Now we shall have occasion hereafter to show that medicines -internally administered can seldom produce abortion, but that the effect -can be infallibly secured by instruments; the most probable mode -therefore of committing the crime appears to be protected by the most -penal clause. - -A case[58] on this point is inserted in the _Edinburgh Medical Journal_ -for April, 1810; we entirely concur in the sentiment of the editors; “we -cannot,” they say, “avoid remarking the apparent inconsistency of the -law of England, in having no statute to punish its actual perpetration -by the only certain means of effecting it, while it punishes by death, -without benefit of clergy, the attempting it by means which are very -seldom effectual. Thus _Pizzy_ was tried for attempting to cause _Ann -Cheney_ to abort, by giving her medicines, which had no effect; and his -having actually perpetrated the crime by mechanical violence, was only -brought forward as proving the intention with which the medicines were -given.”[59] The act therefore requires amendment, framed however with -such care, that the necessary practice of procuring premature labour by -qualified practitioners may be defended, while the immoral and criminal -use of instrumental abortion may be adequately punished. - - - PHYSIOLOGICAL ILLUSTRATIONS. - - ABORTION. - -Abortion[60] may be procured by the administration of powerful -medicines, or by the application of mechanical violence, such as blows, -or pressure on the abdomen; or by the introduction of sharp instruments -into the uterus, so as to rupture the membranes. We shall offer a few -remarks upon each of these several modes of accomplishing the criminal -object in question. From a very early period attempts have been made to -devise means of procuring abortion by the administration of certain -drugs, which were considered as capable of acting specifically upon the -womb, and of occasioning the exclusion of its contents. It would be idle -to enumerate the various substances which have, at different times, been -employed for such a purpose, not a few of which were derived from the -fertile sources of credulity and superstition; and yet we are bound to -admit, that upon this occasion at least, credulity has proved a blessing -to mankind, by suggesting the substitution of a harmless amulet, or an -inefficacious drug, for an application of extreme violence and danger, -and, perhaps of death. The physicians of the present age disclaim the -existence of any specific class of _abortives_, but we are ready to -admit that the administration of violent medicines, by involving the -uterus in the general shock thus given to the system, will occasion -abortion, provided there exist at the same time, a certain -predisposition on the part of the female; should this latter condition, -however, be wanting, the _poculum abortionis_ may, by the violence of -its operation, destroy the life of the unhappy mother, or very -materially injure her, without accomplishing the object for which it was -administered. In the case of _Mrs. Robert Turner_, one of the persons -poisoned by _Elizabeth Fenning_, notwithstanding the long and violent -sufferings she had experienced during her pregnancy, brought forth a -living child at the natural period. On the other hand, a grocer’s wife -in Edinburgh, having swallowed by mistake a handful of nitre, suffered -abortion in less than half an hour; and in the case of _Mrs. Atwood_, of -Mitcham, who with the rest of her family was poisoned by mushrooms, as -already related, (_vol._ ii, _p._ 431) although rescued from death, -miscarried in consequence of the violence which her general system had -sustained. - -The medicines more particularly employed for procuring abortion are -_savine_,[61] and other irritating drugs, especially those which tend to -excite a considerable degree of vascular action; such medicines, -likewise, as exert a violent action on the stomach, or bowels, will be -likely to produce miscarriage, and are often taken for such purpose in -quantities sufficient to produce fatal results. _Mr. Burns_ observes -that it is an old remark that those purgatives which occasion much -tenesmus, will be more likely to excite the expulsion of the ovum. The -strong cathartics, however, which are sometimes taken to promote such an -effect, not only act by exciting tenesmus, but likewise by inflaming the -stomach and bowels, and thus affect the uterus in two ways. It cannot be -too generally known, adds the last mentioned author, that when these -medicines do produce abortion the mother will seldom survive their -effect. It is a mistaken notion that abortion can be more readily -excited by drastic purges, immediately after the woman discovers herself -pregnant; on the contrary, the action of the uterus is then more -independent of that of the other organs, and is therefore not so easily -injured by changes in their condition. Upon the same principle that -violent cathartics or emetics operate upon the pregnant uterus, any -other sudden shock upon the body will occasion a similar effect on that -organ; the extraction of a tooth, for example, has been known to produce -abortion. A thunder-storm, or violent cannonade, has been supposed to -occasion the same result by the concussion of the air; but _Mr. Burns_ -considers it more probable that such an effect is owing to mental -trepidation. The influence of the passions upon these occasions, such as -fear and joy, especially if suddenly produced, is too well known to -require a comment, and it has been too often artfully excited for -criminal purposes. The same observation will apply to other violent -impressions upon the body, such as that occasioned by rapid and uneasy -travelling, dancing,[62] walking, &c. Blood-letting also, if carried to -any extent, will be liable to occasion miscarriage. _Belloc_ relates a -case in which these means were criminally used for such a purpose; the -woman was bled by a medical practitioner, when, after his departure, the -bandage was removed, and a farther quantity of blood taken. But all the -modes above related were soon discovered not only to be highly dangerous -to the woman, but extremely precarious in their results; and hence a -practice appears to have early originated of ensuring the exclusion of -the ovum by the more direct and certain method of introducing a stillet, -or some sharp-pointed instrument into the uterus; an allusion to an -instrument of this kind was made on the trial of _Charles Angus_ (_vol._ -ii, _p._ 177) and was described as a _silver tube with a slide, at the -end of which was a dart with three points_. _Ovid_[63] appears to allude -to this operation in the following passage. - - ——“sine crescere nata. - Est pretium parvæ non leve vita moræ. - Vestra quid effoditis subjectis viscera telis; - Et nondum natis dira venena datis.”? - -The practice is also reprobated by _Tertullian_,[64] who has described -the instrument with which the operation of penetrating the ovular -membranes was performed, “_est etiam æeneum spiculum quo jugulatio ipsa -dirigitur, cæco latrocinio_ εμβρυοσφακτην _appellant, utique viventis -infantis peremptorium_.” - -It is hardly necessary to remark that such an operation, unless -performed by a skilful surgeon, will be very liable to endanger the life -of the female. _Guy Patin_ relates the case of a midwife who was hanged -at Paris for occasioning the death of a lady in that city, by an attempt -to procure abortion by this method. On her trial she said she had -frequently practised it with success; but, in this case it seems, the -instrument had pierced the body of the uterus, instead of passing -through the os internum. We have already noticed a parallel case which -occurred at Durham, see _page_ 72. - -In cases of criminal abortion the medical practitioner may be called -upon to deliver an opinion upon the circumstances of the case. The data -from which he is to draw his conclusions have been already fully -investigated in different parts of this work. We must therefore refer -the reader to the Physiological Illustrations of Conception and -Parturition, _vol._ i, _p._ 230, and to our directions for conducting -the dissection of the uterus, _vol._ iii, _p._ 67, for the solution of -the different problems to which the consideration of the subject may -give origin. - - - INFANTICIDE. - -In cases of alleged infanticide, the evidence of the forensic physician -is of the highest importance, and as his opinion upon such an occasion -must necessarily go far to influence the judgment, and direct the -verdict of the jury, he should be fully prepared to appreciate the -difficulties of the case, and to clear away the numerous fallacies, and -popular prejudices with which the subject is embarrassed. To _Dr. -William Hunter_, the profession and the public owe the deepest -obligation, for the philosophical and humane manner in which he examined -the general value of physiological testimony in proof of the commission -of child-murder. Previous to this enlightened dissertation[65] it is to -be greatly feared that many unfortunate women had fallen the innocent -victims of false theory and prejudice. The objections, however, so -forcibly urged by _Dr. Hunter_ against the validity of certain -physiological tests, although well calculated to awaken inquiry, in -order to divest such evidence of its fallacy, were not intended, as some -have imagined, to discard physiological testimony altogether. With this -conviction, we shall proceed to a critical examination of the various -proofs which physiology has been supposed capable of affording, in -support of an accusation of infanticide. - -The objects of this inquiry may be conveniently arranged under four -divisions, viz. - - 1. _To ascertain whether the child was born alive?_ - - 2. _If born alive, whether its death was the result of natural causes; - of wilful murder; or of negligence and abandonment?_ - - 3. _If its death arose from the want of due care, whether such - negligence should be regarded as criminal or accidental?_ - - 4. _Whether the woman accused presents on examination, such - appearances as correspond with her supposed relations to the child?_ - -Upon each of these heads we shall offer such observations as appear to -us to be essential to ensure the safe judgment of the practitioner. -Several of the questions, involved in the inquiry, have already engaged -our attention in the first volume of the present work, under the history -of conception; while the industry with which the numerous authorities on -the subject of infanticide, and its scientific relations, have been -lately collated by _Dr. Hutchinson_,[66] in England, and _Professor -Capuron_, in France, will justify us in giving to this branch of our -work the character of a commentary, rather than that of a regular -history. - -On the discovery of the body of a newly-born infant, it becomes our -first duty to ascertain whether the spark of life be entirely extinct; -if the sensible proofs of absolute death should be absent, no time is to -be lost in subjecting it to those means[67] which are best calculated to -excite it to vigorous life, such as external warmth, frictions, -inflation of the lungs, &c. - -Having satisfied ourselves that the child is dead, we are to proceed to -such inquiries, as may enable us to furnish the best possible evidence -on the case, in a court of judicature, viz. - - - 1. _To ascertain whether the Child was born alive?_ - -In the absence of all direct testimony, our investigation is to be -conducted upon principles very similar to those which we have already -recommended in those obscure cases of death in which “the person is -found dead, and the history of his dissolution is unknown.” See _vol._ -iii, _p._ 2. The appearances of the corpse—the character of the spot in -which it was found—the report of competent witnesses—and the phenomena -displayed on dissection, are, in both cases, the circumstances from -which we are to elicit data for the solution of our difficult problem. - -A. _The inspection of the body of the infant._ By this we are first to -learn, whether it had arrived at that degree of maturity which is -essential for enabling it to sustain an independent existence—“_etoit il -viable?_”[68] If it can be fairly shewn that the child had not reached -the end of the seventh month of uterine gestation, the charge of -infanticide ought to be withdrawn, although we are well aware that -various opinions might be cited in support of a contrary position. (See -_Physiological Illustrations_, _vol._ i, _p._ 243.) The weight of the -child is a circumstance which should always be ascertained, as being -capable of throwing some light on the question at issue. If the fœtus -has passed the period of seven months, it will generally weigh four -pounds, although upon this point again a difference of opinion has -unfortunately existed.[69] - -The length of the fœtus, at the full term, is said to vary less than its -weight. It is generally from nineteen to twenty-two inches. Seventeen -and twenty-six will include the two extremes. _Professor Chaussier_ has -presented us with a scale of relative admeasurements, from which he -thinks we may deduce the age of a child. He asserts that at the full -term of gestation, the middle of the body of the fœtus corresponds -exactly with the umbicus; at the eighth month it is two or three -centimeters higher; that it approaches still nearer the sternum at the -seventh month; and at the sixth falls exactly at the abdominal extremity -of that bone.[70] If this statement is to be relied upon, we should be -able to conclude, says _Dr. Smith_, that when the middle of the length -of the body falls at the cartilago ensiformis, the fœtus must be under -the seventh month, and consequently could not have continued to live -after birth. - -The surface of the fœtus will moreover present an appearance, arising -from its great vascularity, which is very characteristic of its -immaturity; the red hue, however, to which we more particularly allude, -is not acquired until the vessels have attained a certain capacity, and -the circulation a considerable degree of vigour; and it is worthy of -remark that the appearance becomes again obscure, as the developement of -the fœtus advances, from the increasing opacity of the integuments, but -in those parts where the deposition of fat in the cellular membrane is -wanting, the redness will remain conspicuous, as in the palms of the -hands, or in the soles of the feet. The head still maintains an unjust -proportion to the rest of the body; the bones of which it consists are -extremely soft and yielding; and, on account of the extent of the -fontanelles, the connection between them is extremely imperfect. The -eye-lids are closed; the hair on the eye-brows and the eye-lashes but -thinly scattered; the pupil is generally closed by a membrane; the nails -are wanting, or scarcely apparent. The sexual organs will also afford -some characteristic appearances. In the male, the testes, between the -sixth and eighth month are in progress towards the scrotum; at the end -of the seventh they are not yet found there. The scrotum is generally of -a bright red colour. In females the vulva is projecting, and the labia -separated by the protuberance of the clitoris. - -The general external appearance of a fœtus may, moreover, indicate the -important fact of its having been retained in the uterus after its -death. _Lecieux_ observes that the ordinary term which it remains in the -womb, in this state, is from five to twenty days; and that, according to -the length of this period, the body will have lost more or less of its -consistence and firmness; the limbs become lax, and the muscles are -readily torn; the epidermis may be removed by the slightest friction; -the skin also assumes a purplish, or brownish-red colour; there is often -some bloody serum effused in the cellular tissue, just beneath the skin, -especially about the cranium;[71] the umbilical cord is large in -circumference, soft, infiltrated with serum, livid, and is very readily -torn; the thorax is flattened, the head falls into different shapes, and -becomes flattened from its own weight; the membranes which serve as a -bond of union to the several bones of the cranium, are much relaxed. The -brain is in a nearly fluid state, and emits a fetid odour. - -We should next proceed to a more minute and particular inspection of the -external appearances; for which purpose the body should be cleansed from -the dirt and impurities with which it may be invested, taking care to -notice upon this occasion, whether the surface be covered with that -sebaceous matter usually present on the skin of newly-born infants, and -whether any mud or other matter, capable of stopping the mouth and -nostrils be found about them. The head should also be shaved, in order -that the fontanelles and sutures may be carefully examined with a view -to ascertain whether any injury had been committed on the brain through -these avenues. A midwife was executed at Paris for having introduced -fine and sharp wires into these parts, before the heads of the -unfortunate infants were expelled from the vagina, and consequently -before respiration could have taken place. Every appearance of -ecchymosis, or wound, should be inspected with attention, in order that -its true character may be verified; and upon this occasion it will be -important to bear in mind that on the surface of dead bodies, especially -on those parts on which they have lain, superficial livid marks, arising -from stagnation of blood in the small vessels of the skin will very -generally present themselves, and which have received the name of -_sugillations_, in contradistinction to that of _ecchymoses_, which are -produced during the life of the individual. As the people, observes _Dr. -Hutchinson_, are apt to regard the former of these discolourations as -signs of violence, and as such propositions have even been maintained in -courts of judicature, it is highly essential to obviate the possibility -of litigation on this point, by removing a layer of the skin where such -lividness is present, to shew that it is confined to this organ, and is -not attended with infiltration of blood in the cellular tissue. - -The appearance of wounds inflicted during life will vary according to -the length of time the subject has survived. If death takes place -immediately, they will present red and bloody surfaces, with ecchymosis. -Should life have lingered for some hours, their edges will be somewhat -tumid and retracted, and the surrounding skin will display a reddish -appearance; clots of blood may also exist in them, and these will be -found to adhere to their surfaces. In those cases in which several days -elapse before death, they may appear bedewed with purulent matter. _Dr. -Hutchinson_ very justly remarks that wounds, made when the circulation -has ceased, and the body become cold; and when the blood has coagulated -in the vessels, and the muscles have become rigid, may be known to have -been inflicted after death by the pallid appearance of their surfaces, -and by the total absence of tumefaction and retraction; such wounds, -moreover, never contain any adherent clots of blood, and there is no -surrounding ecchymosis. These characters may not perhaps be quite so -distinct, where the violence has been effected immediately after death, -while the body is still warm, the blood fluid, and the muscles endowed -with contractility; yet in this latter case there will neither appear -tumefaction, nor ecchymosis; and the blood, which may have oozed from -the divided surfaces, will remain fluid, or form clots not adherent to -them. - -_Contusions_, effected during life, are always accompanied with more or -less of ecchymosis; and, if produced by severe external violence, the -skin will necessarily be involved in the injury. When ecchymosis is -superficial, and the subject outlives its course, its progress and -decline present highly characteristic phenomena; at first the injured -surface presents a spot of a red, or bluish colour; this spot which is -formed by the blood infiltrated into the cellular tissue, soon assumes a -deep livid, or leaden hue; it then after a few days becomes, -successively, violet, yellowish, and terminates by a pale citron colour. -It is generally seven or eight days before it disappears. These -characters will always enable the anatomist to distinguish contusions -made during life, from those occurring after death. - -The state of the cervical vertebræ should also be carefully examined, -for the death of the infant may have been occasioned by a fatal -luxation, produced perhaps by some sudden contortion of the neck. Any -marks of pressure, or violence about this part should therefore be -carefully noted; and it will be obviously more convenient to examine the -spine, before the large cavities of the bodies are exposed; and which -may be accomplished in the following manner. After dissecting the soft -parts from the vertebræ, the dorsal parts may be readily removed by -scissars, while the apophyses of the true vertebræ can be very easily -cut through. The practitioner will thus be enabled to estimate the -nature and extent of any wound, or laceration, or effusion of blood, -that may be discovered in connection with the spinal marrow. The -appearance and condition of the umbilical cord should also be examined -before any of the great cavities are laid open; for it is obvious where -a ligature has not been properly applied to it, death may have arisen as -the result of hemorrhage from this part. Other reasons also exist which -render such an inspection of the greatest importance. - - - _Phœnomena displayed on the dissection of the internal parts._ - -The ample directions which have been already offered upon this subject, -(_vol._ iii, _p._ 45) will in a great degree supersede the necessity of -very minute details on the present occasion. There are, however, some -few phenomena that exclusively relate to the evidence of infanticide, -and must accordingly receive a due share of our attention. Certain -peculiarities, moreover, exist in the mode of conducting the dissection -of an infant, which demand some explanation. - - - _Cavities of the mouth, œsophagus, larynx, and trachea._ - -It will be adviseable to commence our incision through the integuments, -from the under lip to the top of the sternum, passing quite through the -former part; another incision is to follow the inferior margin of the -lower jaw; then the triangular portions thus marked out are to be -separated from the parts beneath; the head should be bent back in order -to put the soft parts that are to come under the knife upon the stretch. -The jaw may now be divided at its symphysis, so as to separate it into -two lateral portions, which may be turned aside by dividing with a -scalpel all the parts which adhere to its internal surface. The object -of this arrangement is to bring into view the cavities of the mouth, -œsophagus, larynx, and trachea, the condition of which is so frequently -connected with the death of the child that they ought never to escape -examination. The position of the tongue should be noticed, and the -contents of the mouth, if any, ought to be recorded, for cases have -occurred in which extraneous matters, such as mud, sand, feathers, &c. -have been accidentally, or criminally introduced. It will at the same -time be extremely proper to ascertain the state of the nasal cavities, -and to observe the quantity and consistence of the mucus in these parts, -as well as in the fauces. The tongue may now be gradually pulled -downwards, until the isthmus of the fauces is stretched, when, by -cutting through the arch of the palate, the whole of the pharynx will be -exposed; the dissection should then be extended in order to bring the -commencement of the œsophagus into view, which should be carefully -examined. The position of the epiglottis is the next object of -inspection; and lastly, the interior of the larynx and trachea may be -disclosed by making an incision through the thyroid, crycoid, and -tracheal cartilages, at their anterior parts. Ligatures should be placed -on the lower parts of the œsophagus and trachea. - -_Thoracic cavity._ Having accomplished the examination above described, -we may proceed to expose the cavities of the thorax and abdomen, in the -manner already explained, (_vol._ iii, _p._ 52) remembering always that, -by carelessly wounding the thoracic viscera, we shall, in a great -degree, defeat the objects of the dissection; on this account it will be -advisable to make the division of the ribs with scissars, instead of a -scalpel. From the examination of these cavities we shall, in the first -place, derive a confirmation, or refutation, of the opinion respecting -the maturity, or _viabilité_ of the subject, which the external view of -the body had suggested. Previous to the end of the seventh month the -heart will be found exceeding in size its just proportions, and without -much difference of capacity between the auricles and ventricles. The -lungs will appear small, solid, and retracted from the anterior part of -the cavity. In the abdomen we shall find the liver very considerable in -size, and situated near the umbilicus, from which it afterwards -gradually recedes as the fœtus advances. The gall-bladder will be found -to contain a nearly colourless serous fluid, which during the eighth -month gradually becomes yellowish, and acquires a bitter taste. If the -appearances above described be compared with those which are displayed -on the dissection of a full grown fœtus, we shall be able to form a very -just estimate of the value of an anatomical investigation, in -discovering the term of its intra-uterine or fœtal life. But, by the -inspection of the thoracic organs, we endeavour to derive an inference -still more important; the state of the lungs is supposed to be capable -of indicating whether respiration have ever been performed; and, -consequently, whether the child was born alive. It is affirmed that the -lungs of the fœtus are small, not filling the cavities of the chest, or -covering the pericardium; dense; compact; of a deep-red, or chocolate -colour, not unlike that of the liver; carrying but little blood, and -having a specific gravity exceeding that of fresh water, and, -consequently, _sinking_ in that fluid. Upon cutting into them no air -will be emitted, nor will any blood follow the incision. When, however, -respiration has been established, these organs become more voluminous, -present a yielding elastic texture, and assume a florid-red colour; -they, moreover, contain and transmit a larger quantity of blood, and -have a specific gravity less than that of fresh water, and accordingly -_float_ in it. On cutting into the lungs, under these circumstances, the -air contained in their cells will escape, and produce a peculiar -crackling noise, which has been well expressed by the term -_crepitating_; a bloody fluid will at the same time exude. - -That a change in the character of the pulmonary structure so important -as that just described should have attracted the notice of the -physiologist, and been eagerly seized, as evidence in proof of the -infant _having respired_, and therefore been _born alive_, cannot be a -matter of surprise; and we accordingly find that the _hydrostatic test_ -long enjoyed the unreserved confidence of the profession and the public. -Whenever an infant was found dead, under circumstances of doubt and -suspicion, its lungs were removed from the body, and immersed in water; -if they sank, the subject of the experiment was immediately declared to -have been still-born. If, on the contrary, they floated, it was -concluded without farther enquiry, that the infant had lived after its -birth. The aphorism of _Baglivi_ may be received as an expression of the -general feeling so long entertained upon this subject. “_Pulmones fœtus -mortui in utero matris, si extrahantur, et in aqua ponantur, petunt -fundum; mortui vero extra uterum et aqua injecti innatent in ea. Quod -signum ad infanticidia detegenda est evidentissimum._”[72] The number of -innocent females who may have been thus sacrificed through a -physiological conceit, is a circumstance that must excite the most awful -reflection.[73] It is now well ascertained, and as generally admitted, -that the validity of the _hydrostatic test_, as usually applied, must -afford very unquestionable indications. _Bohn_,[74] _Hoffman_,[75] and -_Heister_,[76] have shewn that the lungs of a fœtus, born dead, will -under some circumstances, to be hereafter explained, float in water; -while those of one that has lived after its birth may sink in the same -fluid. _Dr. Gordon Smith_ is inclined to attribute _some_ of the -uncertainty, by which the minds of medical men have been obscured with -regard to the pulmonary tests, to confusion in the method of conducting -the experiment, for there is, says he, but one order in which the steps -can be taken, and if the anatomist should inadvertently resort to one -stage of the process before another that should have preceded, he will -baffle his own efforts. In commencing an examination of the thoracic -organs, we should, previous to the disturbance of the parts, notice -whether any morbid appearances present themselves, such as adhesions -between the lungs and the pleura costalis, &c. We should at the same -time observe whether the lungs be collapsed, or dilated, and whether -they cover the lateral parts of the pericardium. We then proceed to -separate the pulmonary organs from the body, in order to submit them to -the _hydrostatic test_, to which we have adverted. For the performance -of this dissection, _Dr. Hutchinson_ has given us so many complete and -satisfactory directions, that we shall here introduce them for the -instruction of the forensic physician. “Ligatures must be placed on the -aorta and venæ cavæ, near their attachment to the heart; the trachea is -then to be removed close to the bronchiæ; the vessels cut beyond the -ligatures; and the heart and lungs, attached together, removed from the -cavity of the thorax. If bloody, they should be cleansed with a sponge; -and then the colour of the lungs, their consistence and elasticity, and -their state with regard to healthy structure, be distinctly noticed, -without compressing them forcibly, or lacerating in any way their -structure. If the body generally be in a state of putrid decomposition, -it should be ascertained whether the lungs are also thus affected, and -in what degree. A livid colour from congestion of dark coloured blood in -the minute vessels, should not be mistaken for gangrene; an appearance -of this kind seems often to have the same origin as the lividness of the -surface of dead bodies. The lungs are to be turned with the bronchial -trunks downwards, that any fluid which may be contained in these tubes -may flow out; and whatever escapes from them should be preserved in a -clean vessel. These organs are then to be weighed in conjunction with -the heart. A vessel, of a foot or a little more in diameter, and of at -least a foot and a half in depth, is to be filled to the height of not -less than a foot with pure _fresh_, and if possible, _river_ water, the -temperature of which should be nearly equal to that of the air, unless -this be very cold or very hot. The lungs and heart, still attached -together, are to be placed in a gentle manner in this water. It must -then be remarked, whether they float near the surface, or sink to the -bottom; whether they fall suddenly, or descend slowly; whether the lungs -turn uppermost, and float near the surface of the water, or about the -middle of the fluid. - -The heart is now to be separated from the lungs, having previously -applied a ligature to the pulmonary vessels, to prevent the escape of -the blood they may contain; and the weight of the heart alone then -determined, that it may be subtracted from that of the heart and lungs -together, as previously ascertained. The lungs are now to be placed -alone in the water, and great attention must be paid to the position -they assume in it; that is, whether they sink rapidly or slowly, or -float near the surface; whether, by reversing their vertical situation -in the water, they sink more readily or with more difficulty; and, if -any part constantly rises and is drawn under water by the rest, this -part should be particularly marked. - -The two lobes must be separated, and the above-mentioned experiment made -with each distinctly, and any difference in the results remarked; if one -lobe float, and the other sink, it should be noticed whether it is the -right or left that floats. Each lobe is then to be cut into several -pieces, taking care not to confuse those of the right with those of the -left.” - -Having examined the physiological principles upon which the _hydrostatic -test_ is established, and explained the manner in which it is to be -conducted, it remains for us to enumerate the several objections which -have been urged against its validity. - -1. _A fœtus may breathe as soon as its head is without the vagina, and -immediately die._—This is one of the great arguments adduced by _Dr. -Hunter_;[77] “a child,” says he, “will very commonly breathe as soon as -its mouth is born, or protruded from the mother, and in that case may -lose its life before its body be born; especially when there happens to -be a considerable interval of time between what we may call the birth of -the child’s head, and the protrusion of its body. And, if this may -happen when the best assistance is at hand, it is still more likely to -happen where there is none; that is, where the woman is delivered by -herself;” and he adds, “if a child makes but one gasp, and instantly -dies, the lungs will swim in water as readily as if it had breathed -longer, and had then been strangled.” This opinion, however, must not be -received without qualification. We admit that under such circumstances a -portion of the lungs will become inflated, and therefore swim in water; -but it would appear from the more precise and comprehensive views of -later physiologists, that respiration is not completely performed on the -first effort, but that it is a process gradually advancing to -perfection; and that it will be more or less protracted according to the -degree of vigour of which the infant is possessed. _Portal_ has shewn by -experiments[78] that the air enters the _right_ lung sooner than the -left, and that the left lobe is very often not at all dilated for -several days. The same fact was observed by _Blancardi_.[79] _Dr. -Hutchinson_ states that he was informed by a late physician to the -Foundling-hospital at Naples, who opened daily, on an average, the -bodies of ten or twelve infants, which had generally died within -twenty-four hours after birth, that he hardly ever found more than a -very small portion of the lungs dilated by air; this portion was -frequently not larger than a walnut in its green shell, and but rarely -larger than a hen’s egg, and it was commonly situate in the _right_ -lung.[80] “I have seen,” continues the author above cited, “a case where -the _right_ lobe, when separated from the left, sank in water, though -this was the most dilated by respiration, and the infant had lived forty -hours, and cried pretty strongly: but it died from suffocation by being -_overlaid_, as it is popularly termed, by the mother, which had produced -such an engorgement of blood in the lungs, as to counterbalance the -influence which the small quantity of air they contained could have -exerted on their specific gravity. A piece somewhat more than a cubic -inch in volume was the greatest portion that in this case floated in -water.” - -2. _The lungs may have been artificially inflated._—It is so generally -known, observes _Dr. Hunter_, that a child born apparently dead may be -brought to life by inflating its lungs, that the mother herself, or some -other person, might have tried the experiment. It might even have been -done with a most diabolical intention of bringing about the condemnation -of the mother. There exists not a doubt but that such an operation would -impart buoyancy to the lungs, although the fact has been doubted. -_Camper_, _Jager_, _Schmitt_, and _Buttner_ decided the question by -numerous experiments. - -3. _The lungs may float, in consequence of putrefaction._—We have stated -on a former occasion that the buoyancy of the human body is materially -influenced by the putrefactive process, (_vol._ ii, _p._ 40.) _Haller_ -procured the lungs of a child that died before its birth. They were of a -dark red colour, and both when entire, and when cut in pieces, sank in -water. A portion being left to putrefy in water, the colour became -brighter, it was covered with air bubbles, ascended gradually as the -process of putrefaction advanced, and at length reached the surface, -where it continued to float. But in answer to the objection which such a -fact would seem to oppose to the validity of the _hydrostatic test_, let -it be remembered that the lungs are particularly unsusceptible of the -putrefactive process, and resist it longer than any of the soft parts. -So that the body must be very far advanced in decomposition before the -lungs are found to participate in it. _Camper_ instituted a number of -experiments upon infants, at Amsterdam, by exposing their bodies to the -action of water, as well as to that of air, and his results fully -confirm the fact we have just stated. _Ballard_ was called upon to -examine a child, the muscles of whose face were reduced to -“_boulli_”—were in a state of solution—and in which putrefaction had -advanced so far as even to prevent discrimination of the sex, -notwithstanding which the lungs immediately sunk. If we make incisions -into these organs, when in a state of advanced putrefaction, we shall -observe air bubbles of a considerable size, and running in lines along -the fissures, between the component _lobuli_ of the lungs; where such -phenomena present themselves we may be assured, says _Dr. Hunter_, that -the air is emphysematous, and not that which has been introduced by -respiration; for, in this latter case, the air bubbles will be hardly -visible to the naked eye. But there still remains another mode by which -we may determine whether the gas diffused in the texture of the -pulmonary organs be the effect of respiration, or decomposition. It -consists in pressing portions of the lungs between the fingers, or -twisting them in a folded cloth, with all the force we can command; -when, should the gas have arisen from putrefaction, the portions thus -treated will sink in water; a change which no force, however powerful, -will effect in those cases where the gaseous distention has arisen from -respiration. - -From the view which we have taken of the _hydrostatic_ test, and of the -objections which have been urged against its validity, the practitioner -will be enabled to appreciate its importance. _Plouquet_, desirous of -procuring additional evidence, respecting the existence of respiration, -from the condition of the pulmonary organs, proposed a test founded on -the _absolute_ weight of the lungs compared with that of the body. -Respiration produces two important changes in them—by inflating their -texture it _diminishes_ their _specific gravity_; and by promoting a -determination of blood to their vessels, it increases their _absolute_ -weight; upon the former of these changes, the _hydrostatic test_ is -founded, as we have already explained; on the latter, _Professor -Plouquet_ endeavoured to found his “_Nova Docimasia Pulmonaris_,” which -is now very generally known by the name of _Plouquet’s test_, or -_assay_. The blood-vessels, observes this distinguished physiologist, -being collapsed and compressed in the lungs of the fœtus, admit only a -small portion of blood; but after respiration, being dilated, and -extended, and more free in the expanded lungs, they receive a greater -quantity; in consequence of which they become still farther expanded, -and of greater calibre. As this increased capacity of the vessels is -necessarily _permanent_, a greater quantity of blood will remain after -death in the arteries and veins, and more especially in the latter, than -in the lungs of those infants who have never respired, and consequently -the _absolute weight of the lungs must be increased_. - -In conformity with these views, _Plouquet_ found on examination, that -the body of a male infant, born dead, and which had not respired, -weighed 53040 grains, the lungs inclusive; and that these latter organs -alone weighed 792 grains; the proportion of the lungs to the body, in -weight, was therefore in this case as 1 to 67. In another infant, under -similar circumstances, he found the proportion as 1 to 70. On examining -an infant, born at the full period, and which had respired, the -proportion was found to be as 2 to 70, so that the weight of the lungs -was absolutely doubled by the act of respiration. - -It would be a loss of time to enumerate the different objections which -have been urged against the validity of this test, on various grounds, -many of which admit of an easy answer. It is sufficient to state that -experiments, subsequent to those of _Plouquet_, by _Haartman_,[81] -_Struve_,[82] _Schmitt_, and _Lecieux_,[83] have shewn that no constant -relation between the weight of the lungs and that of the body, under the -circumstances above mentioned, can be established. The reason of which, -as _Dr. Hutchinson_ has justly observed, without considering the -influence of variation in the original construction of the body, is -sufficiently accounted for, by the great diversity in the manner in -which respiration is established in new-born infants. We have already -stated that, in a great proportion of them, it is but gradually and -slowly effected; and that several days even may elapse before the lungs -are fully dilated. _Dr. Gordon Smith_[84] is disposed to believe that -data might be obtained for a just conclusion upon this point, if -practitioners would institute farther inquiry into the subject; and, -with this impression, he has been induced to enter more fully into the -history of the test, than we deem necessary, believing as we do, that it -can never afford evidence sufficiently decisive for practical -application. _Daniel_ has proposed a modification of _Plouquet’s_ test, -but which is more objectionable even than that which he professes to -improve. The same physiologist considers that an inference may be drawn -from the increased circumference of the thorax, and the vaulted -appearance it assumes after respiration. The objections urged by _Dr. -Hutchinson_ to these latter indications appear to us to be unanswerable; -the circumference of the thorax, says he, varies so much in infants of -the same age and sex, both absolutely and in proportion to other parts -of their body, that it cannot be possible to obtain any decisive -evidence from it. The vaulted appearance of the chest is almost equally -fallacious in the generality of cases, or else it is devoid of utility; -because the figure of the thoracic parietes is not much changed until -respiration has been fully established, and then we have other and more -certain means of detecting its existence. Besides which, it appears from -the experiments of _Schmitt_, that the thoracic parietes were distended -outwards by artificial insufflation after death, as much as they are by -actual respiration as it occurs in the new-born infant. With these -remarks we shall dismiss the subject of _Docimasia Pulmonaris_, and -proceed to inquire whether the structure of the heart is capable of -affording any useful indications. There can be no doubt but that, some -time after birth, we shall find on inspecting the heart, evident marks -of the altered course of the circulation. The _foramen ovale_ will be -closed, and in extending our examination, we shall find that the _ductus -arteriosus_ and _canalis venosus_, have collapsed and assumed the -appearance of imperforated ligaments; but it must be remembered that -such changes require some time for their completion, and in cases where -the child has perished shortly after its birth, we do not believe that -the alteration in structure will be sufficiently obvious to afford any -information of practical application. The degree of importance which is -to be attached to the arched state of the diaphragm has been already -appreciated. The empty state of the urinary bladder and intestines has -been alluded to by some authors, as affording a degree of presumptive -evidence, since the evacuation of the urine from the former, and that of -the _meconium_ from the latter, are performed by most living children -soon after birth. We are, however, inclined to attach but very little -importance to such indications; and with regard to the _meconium_, every -practitioner in midwifery knows well that it is frequently evacuated by -the pressure of the maternal parts on the child during its passage -through the pelvis; especially in breech presentations. - -The stomach and intestines ought, in every case, to be considered as -important objects of examination. It is possible that the trace of some -aliment may be discovered, if so, no further proof can be required as to -the child having lived. If any thing more than simple mucous fluid exist -in the stomach, it should be examined by chemical tests. This remark, -which we owe to _Dr. Hutchinson_, applies especially to the possibility -of poison having been exhibited; and on this point the mucous membrane -of the stomach will furnish useful evidence. If there should appear any -fluid in this viscus, resembling water, it will be necessary to examine -its nature, and to ascertain if any vegetable matters be present in it, -such as portions of weeds, straw, &c. In our examination we should -always keep in mind the possibility of the child having been destroyed -by _drowning_, _strangulation_, _poisoning_, and the _infliction of -wounds_, subjects which we have already so fully discussed in the second -volume of our work, that we do not consider it necessary to dwell upon -them in this place. - -_The cranial cavity._—For the examination of this part _Dr. Hutchinson_ -has given us some very minute and valuable instructions, of which we -shall avail ourselves. The cranial cavity, he observes, should be -exposed, by making, in the first instance, an incision through the -integuments of the skull, penetrating to the bone, from the root of the -nose to the spinous process of the second or third cervical vertebra; -another incision of the same kind should extend from one ear to the -other, passing transversely over the summit of the head. Each of the -four triangular portions of integuments thus formed, should then be -detached from the cranium, beginning at their apex and terminating at -their base. The temporal and occipital muscles should then be separated -in a similar manner. After examining the state of the cranium, the bones -may be removed by dividing the membranous connection between the -parietal, frontal, temporal, and occipital bones, with scissars. This, -however, should be done without lesion of the vessels of the brain, or -of the venous sinuses; in order to avoid the lateral sinus which always -contains fluid blood, and which is situated very near the mastoidean -angle of the parietal bone, _Dr. Hutchinson_ directs the anatomist, when -the point just indicated is approached, to deviate a little from the -membrane, and to cut the parietal bone itself near its margin. In the -first place, the view of the brain will afford presumptive evidence of -its age; previous to the termination of the sixth month it will appear -as a soft mass, equally white throughout its whole extent; in the eighth -month the cerebral substance will have acquired more consistence, its -interior will present a reddish colour, although its surface still -remains white. The _pia mater_, which in the earlier stages seemed only -to be over its surface, will now be found adherent to it; and some of -those grooves and undulations become apparent, which afterwards -constitute the circumvolutions. In pursuing the dissection of the brain, -the practitioner must be careful in noting every morbid appearance, such -as congestions, extravasations, &c., for the cause of death may have -arisen from the injured structure of these parts. - -C. _The character of the spot in which the body was found_ will often -afford presumptive evidence of considerable weight, but in availing -ourselves of its indications, we must cautiously avoid the fallacies to -which it may give origin; to some of which we shall have occasion to -refer at a future period of the investigation. We next proceed to the -consideration of the several problems involved in the second division of -our inquiry, viz. - - -II. _Whether, supposing the child to have been born alive, its death was - the result of natural causes, of wilful violence, or of negligence and - abandonment?_ - -If sufficient proof should have been obtained that the child was born -alive, we have to inquire into the causes of its death; upon which the -anatomical dissection will have thrown some light, and in a great -measure, prepared our decision. Medical writers on the subject of -infanticide have very judiciously considered the modes of violent death -in new-born children, as divisible into two great classes, viz. those of -_omission_, and those of _commission_. It will be convenient for us, on -the present occasion, to arrange our remarks with reference to such a -division. - -_Death by omission._—For want of due care the child may perish during, -or immediately subsequent to, the labour. It may die from suffocation -caused by the viscid mucus naturally existing about the pharynx and -glottis in newly-born infants getting into the trachea, especially _if -the infant has lain on its back for some time after its delivery_; or -suffocation may be occasioned by the discharge of blood from the mother, -or by the wet linen over it, collapsing and excluding the air, or by -being drawn close to its mouth and nose by the suction of breathing. -Children are, moreover, often born with a portion of the membranes over -the face, which, if not removed, must impede respiration. In some cases -strangulation is produced by the umbilical cord; the livid circle -therefore round the neck, which without due consideration, might seem to -afford a proof of criminal violence, is to be regarded with reference to -the probability of such an occurrence; it is possible, adds _Dr. -Hutchinson_, that the navel-string may be twisted round the neck of the -infant, but loosely, until the body is nearly expelled; and then, if the -placenta be firmly retained in the uterus, it may become tightened, and -cause suffocation. These circumstances may happen when there is no -person about the woman to render her proper assistance; and, therefore, -careful examination is necessary, in order to ascertain, if, with the -livid circle round the neck, there are marks of nails, or points of -fingers, or excoriation of the skin. The breadth of the mark, also, and -whether or not it makes a complete circle, with the ends exactly -meeting, and without deviating from this circle, should be carefully -noticed; the latter circumstances conjoined cannot arise from a natural -twisting of the navel string. The livid part should be carefully -dissected, in order to ascertain if there are ruptured blood-vessels -corresponding to it, whether the trachea or larynx be flattened, or -their cartilaginous rings laterally compressed; for it is asserted that -such injuries never can occur from the natural twisting of the navel -string. The practitioner will be enabled by the foregoing remarks to -appreciate the value of that indication, upon which the vulgar have ever -laid much stress,—the swollen and red appearance of the countenance. -_Dr. Hunter_ has made the following judicious observation upon the -phenomenon: “when the child’s head or face looks swollen, and very red -or black, the vulgar, because hanged people look so, are apt to conclude -that it must have been strangled. But those who are in the practice of -midwifery know that nothing is more common in natural births; and that -the swelling and deep colour disappear gradually, if the child lives but -a few days. This appearance is particularly observable in those cases -where the navel-string happens to gird the child’s neck, and where its -head happens to be born some time before its body.” - -A woman suffering labour alone may have the fœtus escape from her, and -fall to the ground, on its head, and be thus killed; or she may -unexpectedly be seized with pains in situations at once destructive to -the child. In the case of infants being found in privies, this -circumstance ought not to escape our remembrance. A woman was tried at -the Old Bailey for the murder of her child, by dropping it into a privy. -She declared that while there for a natural purpose, an uncommon pain -took her, the child fell, and she sat some time before she was able to -stir. On this occasion, we learn from _Dr. Gordon Smith_, that a -practitioner was examined on the possibility of such an event; who -stated that an instance came within his own knowledge, where, while the -midwife was playing at cards in the room, the woman was taken suddenly, -and the child dropped on the floor. To this the author just cited adds -another illustrative case. It recently happened, says he, in the circle -of my own acquaintance, that a lady who had borne many children, and -must therefore have been alive to the import of uneasiness in the last -hours of pregnancy, was sitting in company at dinner, and perfectly free -from any consciousness of approaching labour, when she experienced an -irresistible impulse to repair to the water-closet. She had scarcely -arrived there when she was delivered: now had the place of retirement -been differently constructed, this infant might have perished. It will -very properly be urged that a woman, on finding what has happened, -ought, if her feelings and intentions were honest, to give immediate -alarm. This is true, but says _Dr. Smith_, we must admit, in the first -place, the possibility of her not being able to do so, in consequence of -the effects of the occurrence on her own person; and, in the next place, -it is but just to allow that, although an alarm, after she has fully -recovered, might secure her in the case of trial, yet as it can be of no -use in restoring the life of the child, the idea of concealment will -more naturally arise. - -A very remarkable case, in illustration of the subject under discussion, -is related by _Burnett_, in his _Treatise on the Criminal Law of -Scotland_. “It occurred at Aberdeen in September 1804. The girl had -become pregnant in circumstances peculiarly disastrous; actuated by the -strongest impulse of shame and remorse, she concealed her situation from -every one, and ascribed her appearance to cold she had caught. On the -day of her delivery she had been to market, and in returning home -accidentally slipt her foot, and fell into a mill-pond, where she would -have been drowned had she not obtained immediate assistance. She was -carried all wet into an adjoining malt-kiln, where there was a large -fire, and left under the charge of another woman. The latter having gone -out for a very short time, leaving the girl sitting by the fire, found -on her return that she had been delivered of a child. The infant was in -life, and lying at the extremity of the ashes near the fire. The girl -said that her pains came on unexpectedly while sitting by the fire, and -that she became insensible and could give no assistance to her child. No -violence appeared on the body of the child, but it appeared to have been -scorched by the fire, which occasioned its death a few hours thereafter. -The prosecutor consented to a petition for banishment.” - -The next circumstance which deserves notice under the consideration of -the causes of death, by _omission_, is that of _neglecting to divide the -navel-string, and to apply a ligature to the infantine portion of -it_.—With regard to the value of the presumptive proof of criminal -intention which such neglect may offer, there are several very weighty -objections, and which have been enumerated by _Dr. Hutchinson_, in the -following order. 1. The infant may perish during its birth from -hemorrhage from the placenta, or rupture of the navel string, and the -mother may, or may not, have divided the latter. 2. The child may have -lived after its birth, and the mother may have torn or cut asunder the -navel-string, and finding no hemorrhage ensue she has not been led to -put a ligature on the infantine portion, and afterwards hemorrhage has -taken place from it, from which the infant has died. 3. The mother may -discover the hemorrhage in the last mentioned case, and may apply a -ligature to the navel string, but too late to preserve the infant’s -life. 4. The blood of the mother may be artfully placed about the child, -and the navel string left untied; and the mother may wish to have it -appear that the infant perished from hemorrhage occurring unknown to -her, and that she was not aware of the necessity of tying the -navel-string, even though it be found that she had _cut_ it, not _torn -it asunder_ with her hands. In the first three cases we shall find, on -dissection, evidence of extensive hemorrhage, as indicated by the -emptiness of the heart and blood-vessels, paleness of the viscera, &c. -In the last case, the proper fulness of the arterial and venous systems -will betray the imposture. It is impossible, as _Dr. Hutchinson_ very -candidly admits, to trace any rules of general application respecting -the first three cases. The decision must be partially founded on various -collateral moral circumstances, which come especially within the -province of the jury. - -_A new-born child may perish from exposure to cold._ This cause of death -will be indicated by the character of the place and circumstances under -which its body was found. The appearance of the corpse, upon such an -occasion, will also assist our judgment; there will generally be a -paleness of the skin, and a vacuity in the superficial vessels. _It may -perish for want of nourishment._ But let it be remembered that new-born -children are seldom, or never, famished to death, within a few days of -their birth; for they require very little nourishment, and it was -formerly the custom to keep them some days from the breast; such an -omission, however, if suspected, may be ascertained by examining the -stomach, and, at the same time, by deducing from the appearance of the -umbilicus,[85] the probable period that has elapsed since its birth. - -_Death by commission._—We have already pointed out the various means by -which the death of the newly-born infant is usually accomplished; such -as by wounding, suffocating, strangling, poisoning, &c.; and in the -course of our work we have so fully considered the phenomena of violent -death, that it cannot be necessary, on the present occasion, to expend -farther time on their discussion. - -The last object of the inquiry, viz. _the appearance and condition of -the woman’s person_, has been also considered under the history of -_parturition_, and the various questions to which it has given origin, -_vol._ i, _p._ 249. - -We have thus then presented to the reader the various avenues of -information, which the sciences of anatomy and physiology are capable of -disclosing; and it will, we trust, appear evident, that the forensic -physician can rarely furnish more than presumptive evidence in the -support of cases of imputed child-murder. - -With the moral circumstances of the case the medical-jurist can have -nothing to do; and yet it is impossible not to inquire whether the deed -may not frequently be the result of insanity. Such was the opinion of -_Dr. Hunter_; and we cordially agree with _Dr. Smith_, that a verdict to -this effect might be returned in many cases of this kind with at least -as much truth, as in some of suicide. It must not be urged, continues -the last mentioned author, that the insanity here is not real because -temporary, as long as _temporary insanity_ is so readily admitted in the -other case; and we know well that in many instances of the like state of -mind, where suicide is unsuccessfully attempted, the supposed lunacy -shortly disappears. This plea, however, rarely avails the -child-murderer; and yet if the loss of property, or other misfortunes, -are to be taken into account as presumptive causes of insanity where -there is real evidence of the fact, (the _feelings_ arising from which -being the real goad that stings some men to their fate) are we to give a -modest female,—one that has probably erred through excess of confidence -and attachment—no credit for despair, and distraction, under the -anticipation of the infamy that is approaching her?[86] - -It is stated by several authors, that the period at which puerperal -mania and phrenitis supervenes is variable, but that it is seldom, if -ever, sooner than the third day; often, not for a fortnight; and, in -some cases, not for several weeks after delivery. We must be cautious, -however, in not applying this general assertion, to the disparagement of -particular cases; for several instances are recorded which furnish -striking exceptions to the rule. “In the year 1668 at _Aylesbury_, a -married woman of good reputation being delivered of a child, and not -having slept many nights, fell into a temporary phrenzy, and killed her -infant in the absence of any company; but, company coming in, she told -them she had killed her infant, and _there_ it lay; she was brought to -gaol presently, and after some sleep she recovered her understanding, -but marvelled how or why she came thither; she was indicted for murder, -and upon her trial the whole matter appearing, it was left to the jury -with this direction, that if it did appear that she had any use of -reason when she did it, they were to find her guilty; but if they found -her under a phrenzy, though by reason of her late delivery and want of -sleep, they should acquit her; that had there been any occasion to move -her to this fact, as to hide her shame, which is ordinarily the case of -such as are delivered of bastard children and destroy them; or if there -had been jealousy of the husband that the child had been none of his; or -if she had hid the infant, or denied the fact, these had been evidences -that the phrenzy was counterfeit; but none of these appearing, and the -honesty and virtuous deportment of the woman in her health being known -to the jury, and many circumstances of insanity appearing, the jury -found her not guilty, to the satisfaction of all that heard it.” _1 H. -P. C._ _p._ 36. Had this woman been of doubtful character, though -innocent, she might have been executed, for want of medical evidence to -prove the nature and frequency of puerperal insanity. - - - - - OF CRIMINAL RESPONSIBILITY, AND PLEAS IN BAR OF EXECUTION. - - -In the preceding pages we have endeavoured to lay down such rules, and -to draw attention to such points, as may enable medical witnesses to -assist the ends of Justice in detecting the perpetration of crime; -another duty remains: having discovered the guilty, questions may yet -arise, as to whether the criminal is or is not a proper subject for the -severity of the law; 1st, in respect of natural incapacity, as in the -case of infants and idiots _a nativitate_; 2d, of accidental -incapacities, as in lunacy and temporary derangement of intellect. So -also it may be a medical question whether a prisoner stands mute of -malice, or by the visitation of God; and 3dly, of temporary unfitness -for punishment, as where judgment on a female is to be respited, by -reason of her pregnancy; to these we shall add the plea of non-identity, -for though we have already stated that personal identity does not appear -to us to be a subject peculiarly appropriate to medical -jurisprudence,[87] yet as the greater number of writers on this subject -have so considered it, we should not be warranted in omiting all notice -of the subject. - -“It is clear that an infant above fourteen and under twenty-one is -equally subject to capital punishments, as well as others of full age; -for it is _præsumptio juris_, that after fourteen years they are _doli -capaces_, and can discern between good and evil; and if the law should -not animadvert upon such offenders by reason of their nonage, the -kingdom would come to confusion.[88] Experience makes us know, that -every day murders,[89] bloodsheds, burglaries, larcenies, burning of -houses,[90] rapes,[91] clipping and counterfeiting of money, are -committed by youths above fourteen and under twenty-one; and if they -should have impunity by reason of such their minority, no man’s life or -estate would be safe. In my remembrance, at _Thetford_, a young lad of -sixteen years old was convict for successive wilful burning of three -dwelling houses, and in the last of them burning a child to death, and -yet had carried the matter so subtilly, that by a false accusation of -another person for burning the first house, an innocent person was -brought in danger, if it had not been strangely discovered: he had -judgment to die, and was executed accordingly.” _1 Hale. P. C._ _p._ 25. - -But though above fourteen, criminal incapacity cannot be presumed on the -mere pretence of nonage, children considerably under that age may be -found _doli capaces_, and be tried, and even executed accordingly, -whenever from peculiar evidence it shall appear that by precocity in -vice or intellect they can clearly distinguish right from wrong, -_malitia supplet ætatem_: thus _John Dean_ was executed under the age of -nine for arson and murder; and _William York_, in more modern times, was -tried and condemned for murder at ten.[92] Seven years of age, or the -period of absolute infancy, is probably the limit within which actual -crime or sin cannot be imputed morally or legally; (see _1 H. P. C._ -_p._ 19; _1 Hawk. P. C._ _p._ 1; _1 Bl. Com._ _p._ 464); but the law of -England does not appear to have fixed any determinate period;[93] -_Alfred_ decreed that none should be punished capitally for theft under -twelve years of age. _Athelstan_ enlarged the period till fifteen, (see -_notes 1 H. P. C._ _p._ 12, 23); but the old standard of twelve appears -to have prevailed from the time of _Hen. 1_; thus in the time of _Ed. -1_, _Adam de Arnhale_, æt. 12, was committed to the custody of the -marshal for stealing nine shillings at night in the dwelling house; -_postea habito respecto ad imprisonamentum, quod prædictus Adam habuit, -& etiam ad teneram ætatem ejusdem Adæ, eo quod non nisi ætatis 12 -annorum, qui talis ætatis judicium ferre non potest, ideo_ de gratia -_regis deliberetur_, _1 P. C._ 24; but he was spared, as _Sir M. Hale_ -says, _de gratia regis_, in respect that he was passed the old standard -of twelve years. - -If an infant clearly under seven years of age be indicted, the case -ought not to go to the jury; but the prisoner should be discharged by -the court; for “he cannot be guilty of felony, whatever circumstances of -discretion may appear; for _ex presumptione juris_ he cannot have -discretion, and no averment shall be received against that presumption;” -(_1 H. P. C._ p. 28) but if it be not apparent that he is under seven, -and he have sufficient discretion, then, as in the case mentioned -[_note_ [94]] the issue may go to the jury; and with their verdict they -may find, according to the evidence, that he was under seven years of -age; and the court may then discharge him, for it was no felony. _1 H. -P. C._ 27. Also if the prisoner be above seven, and under twelve years -of age, unless there be apparent proof of capacity; but it is safer for -the court to discharge him, for his trial can answer no useful purpose; -and if he once be a felon convict by the verdict of a jury, though -subsequently pardoned, the circumstance will probably give a stamp to -his character which is never likely to be effaced. Therefore if the -humanity of magistrates and prosecutors does not previously interpose to -save children from this peril, and the contamination of a gaol, the -discretion of the judge may; and it is fortunate that, in London at -least, public munificence, in this as in many other cases, has supplied -the want of legislation: the Philanthropic and other similar societies -afford a refuge and prospect of amendment for the infant culprit, to -them therefore he should be committed. - -As the fact of absolute infancy may generally be ascertained by the mere -view of the party, and his capacity ascertained by questions propounded -by the court, an infant prisoner may, as before stated, be discharged -without further trial; not so however in cases of idiotcy, madness, or -lunacy, these must be tried by a jury, for they may easily be feigned, -and it is therefore by evidence of previous conduct that the question is -to be determined, rather than by reference to the prisoner’s demeanor in -court, which may probably be counterfeit. - -If the prisoner be found to be an idiot, he must be discharged of the -indictment, and handed over to safe custody,[95] but if he be only -lunatic, then other questions arise; first, whether the prisoner is then -in a lucid interval, for if he be not, he should not be arraigned at -that time; “but the judge in his discretion may discharge the jury of -him, and remit him to gaol to be tried after the recovery of his -understanding, especially if any doubt appear upon the evidence touching -the guilt of the _fact_, and this _in favorem vitæ_; and if there be no -colour of evidence to prove him guilty, or if there be a pregnant -evidence to prove his insanity at the time of the fact committed, then -upon the same favor of life and liberty it is fit it should be proceeded -in the trial in order to his acquittal and enlargement.” _1 H. P. C._ -35.[96] - -Secondly, if he be then in a lucid interval, and therefore fit to be -tried, whether he was so at the time of the act committed, and this must -be tried according to the whole evidence both of the fact and the -lunacy, on a plea of not guilty.[97] - -For criminal purposes it is not sufficient that a prisoner have been -previously found idiot or lunatic, or the contrary, by inquisition in -chancery, _1 H. P. C._ _p._ 33, though the circumstance may create a -strong presumption. For there may be a partial insanity which may -disqualify a man from the management of his estate, and therefore render -him a fit subject for the equitable protection, although he may have a -perfect sense of right and wrong in criminal matters, and ought -therefore to be responsible for his acts. Personal antipathies and -fancied injury are constant subjects of limited insanity; but these -ought not to excuse murder; for such a doctrine, by removing the -restraints of fear, would constantly convert the passions of hatred and -revenge, in themselves limited madness, into absolute insanity. - -“He that is _non compos mentis_ and _totally_ deprived of all -compassings and imaginations, cannot commit high treason by compassing -or imagining the death of the king; for _furiosus solo furore punitur_; -but it must be an _absolute_ madness, and a total deprivation of -memory.” _Coke_, _P. C._ _p._ 3; but in _Beverly’s_ case, _4 Rep._ 124, -he says “_Mes in ascun cases non compos mentis poit committe haut -treason, comme si il tua, ou offer a tuer le roy_.” “This,” says _Sir -Mathew Hale_, “is a safe exception, and I shall not question it, because -it tends so much to the safety of the king’s person: but yet the same -author (_Coke_ _P. C._ _p._ 6) tells us, that though this was anciently -thought to be law, yet it is not so now; for such a person as cannot -compass the death of the king by reason of his insanity, cannot be -guilty of treason within the statute of _25 Ed._ 3.” Nothing can be more -honourable to the independent impartiality of the English law than such -an interpretation, amply illustrated in the cases of _Hatfield_ (_27 -How. St. Tri._) and others, who had attempted the life of his late -Majesty _George_ the 3d; and this more especially, as the king must at -all times be more exposed to this species of attack than any other -person; for beside the sense of supposed wrong, delay or perversion of -justice, exaggerated political feeling,[98] or other causes all pointing -the maniac to the same object, there is no madness more frequent than -fancied greatness; lunatic asylums are filled with imaginary emperors, -kings, princes, and nobles, whose only glimmering of reason is to direct -their vengeance against the supposed usurpers of their dignities. - -“He who is guilty of any crime whatever through his voluntary -drunkenness shall be punished for it as much as if he had been sober.” -_1 Hawk. P. C._ 3. “A drunkard,” says _Sir E. Coke_, (_1 Ins._ 247) “who -is _voluntarius dæmon_, hath no privilege thereby.” _4 Bl. Com._ 26. But -if by continual drunkenness he have become absolutely mad, then the -original cause is not referred to, and he may be excused; not so however -if there be only a predisposition to temporary madness, and that madness -be voluntarily excited by drinking. There are many men, soldiers, who -have been severely wounded, in the head especially, who well know that -excess makes them mad; but if such persons wilfully deprive themselves -of reason, they ought not to be excused one crime by the voluntary -perpetration of another.[99] - -“He who incites a madman (idiot, infant, or lunatic) to do a murder or -other crime, (as to kill himself) is a principal offender, and as much -punishable as if he had done it himself.” _1 Hawk. P. C._ _p._ 3 _and_ -118. _1 H. P. C._ 617. - -“It seems agreed at this day, that if one, who has committed a capital -offence, become _non compos_ before conviction, he shall not be -arraigned; and if after conviction, that he shall not be executed.” _1 -Hawk. P. C._ 3; _1 H. P. C._ 36. Indeed in the bloody reign of _Henry_ -the eighth, a statute was made (_33 H. 8_, _c._ 20) which enacted, that -if a person, being _compos mentis_, should commit treason, and after -fall into madness, he might be tried in his absence, and should suffer -death, as if he were of perfect memory. But this savage and inhuman law -was repealed by the _Stat. 1 and 2 P. and M._ _c._ 10. For as is -observed by _Sir Ed. Coke_, “the execution of an offender is for -example, _ut pœna ad paucos, metus ad omnes perveniat_: but so it is not -when a madman is executed; but should be a miserable spectacle, both -against law, and of extreme inhumanity and cruelty, and can be no -example to others.” _4 Bl. Com._ _p._ 25. - -Pregnancy is a good plea in bar of execution; but it does not prevent -trial or sentence; in a recent instance, however, when a woman was -brought to the bar evidently in labour, she was remanded by the court; -and query, whether this discretion ought not to be exercised in all -cases of advanced pregnancy; for the agitation of the trial may be of -more fatal effect than the judgment of the law, and the unfortunate -woman, though acquitted, may perish with her child from the mere effect -of mental distraction. - -When the plea of pregnancy is made to stay execution “the judge must -direct a jury of twelve matrons or discreet women to inquire the fact: -and if they bring in their verdict _quick with child_ (for barely _with -child_[100] unless it be alive in the womb, is not sufficient) execution -shall be stayed generally till the next session: and so from session to -session till either she is delivered, or proves by the course of nature -not to have been with child at all. But if she once hath the benefit of -this reprieve, and has been delivered, and afterwards become pregnant -again, she shall not be entitled to the benefit of a further respite -from that cause.[101] For she may now be executed before the child is -_quick_ in the womb; and shall not, by her own incontinence, evade the -sentence of justice.” _4 Bl. Com._ 395; (see also _2 Hawk. P. C._ 658, -and authorities there.) But _Sir M. Hale_ says that though she be -_quick_ a second time she shall have no respite on that account. _1 P. -C._ 369. And yet he afterwards draws a nice distinction _in favorem -prolis_, that if the woman were not quick, or with child at all,[102] at -the time of the first inquest of the matrons, and afterwards become with -child, she shall have her respite; “for the advantage she had at first -was not really by reason of pregnancy, but by a mistake of the jury of -women.” “And therefore as hath been said, in all cases of reprieves for -pregnancy, the judge ought to make a new demand, what the prisoner hath -to say wherefore execution should not be awarded.” _Ib._ And so in all -cases where any time intervenes between the attainder and the award of -execution, for the party may have become insane, or may plead pregnancy, -or a pardon, or an act of grace, or diversity of person, that he is not -the same that was attainted. _1 Bl. Com._ 396. - -This brings us to the last of the pleas which we have proposed to treat -upon under this head. The question of Personal Identity may arise in -many ways; as whether a child claiming an inheritance is the same that -he pretends, or is pretended to be, as in the _Douglas_ or _Anglesea_ -causes; (vide ante) whether a prisoner is actually the person who -committed a particular offence, when the jury tries the fact and the -identity together; and where a prisoner after conviction escapes and is -retaken, whether he is the same that was convicted.[103] The former -cases we have noticed under the heads of Supposititious Children, vol. -i, p. 220, warning our readers not to be too hasty in determining -identity upon mere resemblance.[104] And in the last case “a jury shall -be impanneled to try the collateral issue, namely, the identity of his -person; and not whether guilty or innocent; for that has been decided -before. And in these collateral issues the trial shall be _instanter_, -and no time allowed the prisoner to make his defence or produce his -witnesses, unless he will make oath that he is not the person attainted: -(_Fors. C. L._ 41) neither shall any peremptory challenges of the jury -be allowed the prisoner; though formerly such challenges were held to be -allowable, whenever a man’s life was in question.” _4 Bl. Com._ 396. And -query whether this is not the better doctrine; the case of _Mr. -Radcliffe_, brother of _Lord Derwentwater_, (_Fors. C. L._ 41) in which -the contrary was held, was for high treason shortly after the rebellion -of 1745; and as _Sir M. Forster_ says, speaking of _Monmouth’s_ -attainder, “that was a time of great heat and violence, and few things -then done ought to be drawn into example.” _Ib._ 44. There does not -appear to be any good reason why a prisoner should not have all the -safeguards on a collateral issue or inquest of office, which are allowed -on the main issue; especially when, as in the present instance, his life -depends upon the question. - - - - - OF PUNISHMENTS. - - -Punishments may be divided into three classes; capital, when the death -of the offender is intended to deter others from similar offence; -precautionary, when a noxious individual is removed from general society -by imprisonment or transportation; and correctional, when by some pain -or penalty inflicted on the individual, he is to be deterred from future -crime. Though the subject would admit of much curious detail, our -remaining space will not allow us to trace the different modes or -modifications of legitimate punishment used in various nations or ages; -nor to enter our protest of abhorrence against the many and inhuman -tortures which religious fanaticism or political rancour have invented -for their antagonists; the only point on which we can physiologically -have occasion to observe, as applicable to the capital punishments of -the present times, is, that they should be inflicted with as little pain -as possible to the criminal, lest compassion for the sufferings of the -man, should supersede the salutary horror of his offence; an end which -is really, though not apparently, attained in our ordinary mode of -execution by hanging; the victim does not suffer, though sometimes his -convulsive struggles induce a contrary belief; but the method is -defective in one point, it is not calculated to produce a deep -impression on the minds of spectators, _Pompa mortis magis terret quam -mors ipsa_. The French mode of decapitation, though held in abhorrence -from the outrages with which its very name has become associated, is -equally humane; an instant terminates the mortal sufferings of the -criminal; for this reason it was originally adopted, and when we -consider that it superceded the barbarous punishment of breaking on the -wheel, previously in use, and the clumsy and uncertain method of -decapitation by the sword or axe, we feel ourselves justified, in spite -of popular prejudice, in designating the guillotine[105] an invention of -humanity. - -Decapitation is also a punishment known in the law of England, and as a -more dignified and impressive death, is reserved for the execution of -nobles, or distinguished commoners, in cases of high treason, the rest -of the barbarous sentence (now abolished by act of parliament), and the -previous sentence of hanging, being dispensed with by the king’s -authority. - -The barbarous punishment of burning, formerly part of the law, is no -longer in use; Catharine Hayes, to whose case we have alluded (vol. ii, -p. 73), was the last who suffered in this manner. - -On the subject of imprisonment we have already commented, (vol. ii, p. -112), and from the very general attention now excited, as well by the -discovery of abuses, as by an encreasing spirit of humanity, we may -expect the best results. - -Of punishment, not capital, there are two which require medical -consideration; the one is military flogging, the other the novel -invention of the tread-mill. On the first of these, we might have had -more cause to complain, had the old system of the army been continued; -it is however due to the character of the present Commander in Chief to -notice, that under his direction the punishment of flogging has been -much diminished; regimental courts martial, composed of five officers -(possibly _infants_), are now restricted in their sentences to the -infliction of three hundred lashes; formerly double the number was -deemed a moderate punishment; and there is good reason to believe, that -the discipline of a regiment, and the capacity of a commanding officer, -is no longer considered in the direct, but on the contrary, in the -inverse ratio of the number of lashes inflicted:[106] we need not say -that the general state and conduct of troops has proved the policy of -the alteration, we have only to hope that the improvement will be -extended, and that the English army will not long be subjected to a -degrading and barbarous torture, from which less moral men, and much -worse soldiers, are exempted in every other service in Europe. It is -necessary, however, that till this very desirable reform is effected, -some observation should be made on the mode of inflicting this -punishment. - -It is generally supposed that the surgeon who is present at a military -execution, is responsible for its consequences; this is not legally -true, and it is physiologically impossible; the punishment is too -uncertain in its operation to allow of any medical assistant’s -ascertaining the boundaries of danger; moral feeling, age, strength, -nervous irritability, climate, previous disease, organic defects, and -other circumstances, many of which it would be impossible for the most -skilful to detect, and least of all by mere view of the culprit tied up -to the halberts, may render a punishment fatal, which had been intended -to be lenient. No surgeon therefore can answer, either for the ultimate, -or immediate consequences of this species of corporal punishment; he may -indeed err on the safe side, by interposing as early as possible,[107] -but there is no criterion by which he can be guided in forming an -absolute opinion on the danger or safety of the punishment. - -But though the surgeon cannot be held criminally responsible (except in -cases of gross ignorance or negligence) for the result of such -executions, yet, if the commanding officer permits a single lash to be -inflicted after the medical attendant has interposed, he would be held -guilty of murder should the soldier die from the effects of excessive -punishment; for malice will be presumed from such continuance after due -notice.[108] In the notorious case of Governor _Wall_, who was executed -for the murder of a soldier by excessive and illegal flogging; the -punishment was originally unlawful, having been inflicted without -sentence of a court martial, the mode of infliction was unusual, and the -surgeon was stated to have been so much intimidated, that he was afraid -to interfere, (a poor excuse for neglect of professional duty); under -these circumstances, the plea that the deceased killed himself by -excessive drinking, though the fact was far from improbable under the -climate of _Goree_, was unavailable; the illegal flogging was the -primary cause of the death, and therefore neither the effect of climate, -misconduct, or mismanagement, could remove the original criminality. In -this as in several other cases of death from ill-usage, it is a constant -but unavailing plea that the deceased died not of the wounds or blows, -but of fever, or defective treatment.[109] - -On the subject of the tread-mill, we are not enabled to pronounce any -very decided opinion, the invention has not been in use long enough to -determine with any degree of accuracy its merits or defects; that it is -held in considerable dread by offenders is certain, and the fear of -returning to it may operate favourably on that class for which it -appears best calculated, the regular vagabond; but it does not give any -habit of industry, or teach any mode of labour to the merely idle or -casually culpable, and therefore ought not to be indiscriminately -applied to all cases. The punishment too is one of the most unequal in -its operation that can be conceived; a man, who has been accustomed to -running up stairs all his life, with good lungs and muscular legs, will -scarcely suffer by it; while an asthmatic tailor, weaver, or other -sedentary artizan will be half killed by the exercise. For women in -certain stages, whether of menstruation or pregnancy, it is a dangerous -and indecent torture, one which should immediately be forbidden, if not -by the humanity of magistrates, by the wisdom of the legislature. - -One very material objection to this machine arises out of the -probability of abuse in the places where it is generally erected; an air -of mystery has been thrown round houses of correction, which has -acquired for some of them the odious name of bastile; even grand juries -have been denied admission to them, on the ground that they are the -prisons of the magistrates, not of the sheriff; we certainly do not -understand either the policy or propriety of this distinction; that they -should not be thrown open to the idle or merely curious we are ready to -admit, but contend that they should be open to all official inspection; -much must in every prison depend on the conduct and discretion of the -jailors—to know that he is open to public animadversion is the best -security for the due exercise of his office: a contrary assurance is -well calculated to produce despotic feeling in ordinary minds; how much -more then is it to be guarded against, when persons of the lower class -are entrusted with extraordinary power of coercion, and are continually -irritated by the refractory conduct of those who are placed under their -authority. In such cases constant inspection, at uncertain times, and by -_uninterested_ persons, is the best guarantee against abuse. - - - FINIS. - - - - - POSTSCRIPT. - - -While this work was in the press several circumstances have occurred -which it may be necessary to notice; first, as respecting the corporate -medical bodies, His Majesty has been pleased to confer additional honors -on the President of the College of Physicians, for which see the -Preface;—the College itself is about to be removed from their late house -in Warwick Lane to a more convenient site among the new buildings of -Pall Mall East. A new charter has been granted to the College of -Surgeons, but as it is not yet confirmed by Act of Parliament, it does -not materially vary the public right of the College, or supply what was -wanting in their jurisdiction. The Apothecaries’ Company have very -properly exerted their powers under the Act of _55 Geo._ iii, for -punishing illegal practice.[110] - -The Marriage Act which is incidentally referred to, vol. i, p. 169, is -in part repealed by an act of the last session, which in turn is about -to be amended or repealed in the present. The _Portsmouth case_, _adhuc -sub judice_, affords some curious illustrations on the subjects of -impotence and insanity. - -The impolitic duty on salt has been lowered to one-seventh of its former -amount. An act has been passed to prevent nuisances by gas-water; -(_vol._ i, _p._ 339) and another for regulating the sale of Bread; -(_vol._ i, _p._ 375) to these we must refer our readers for the -modification or correction of our former remarks on the several subjects -connected with them. - - - - - INDEX OF CASES. - - - A. - - Aland, Sheldon, _v._, 297 - - Alberton, Rex, _v._, 217 - - Alder’s case, II. 122 - - Aldred’s case, 348 - - Amery and Monk, the King, _v._, 14 - - Anderson _v._ Edie, 382 - - Angus, case of Chas., II. 176, 184—III. 69, 96 - - Annesly causes, II. 220 - - Annesly _in re_, 298 - - Aram, case of Eugene, III. 79 - - Archer’s case, 50 - - Archer’s case, II. 129 - - Armstrong _ex parte_, 296 - - Arnhale, Adam de, case of, II. 136 - - Arnold, Lodie, _v._, 340 - - Askew, Rex, _v._, 42, 44 - - Atkins _v._ Gardener, 29 - - Attorney General _v._ Doughty, 340, 348 - - Attorney General _v._ Parnther, 299 - - Audley’s case, 439 - - Avison _v._ Lord Kinnaird, 386 - - - B. - - Baker, _ex parte_, 298 - - Baker, Slater, _v._, 80 - - Barnsley, _ex parte_, 291 - - Bateman, case of Mary, III. 13 - - Beddingfield and Ringe, case of, III. 30 - - Bellingham, case of, III. 139 - - Beswick _v._ Hall, 353 - - Berry, Green, and Hill, case of, III. 31 - - Bevan’s case, II. 472 - - Beverly’s case, 292 - - Birch _v._ Holt, 340 - - Blandy, Miss, case of, 157, 249 - - Blisset, Dickenson, &, 292 - - Bloomfield’s case, 434 - - Blunt, Want, _v._, 385 - - Bolcot, Chorley, _v._, 78 - - Boldero, Goodall, &, 382 - - Bonham _v._ Coll. of Phys., 23 - - Bourne, Coll. of Phys., _v._, 30 - - Bowerman, case of Thomas, III. 80 - - Braddon & Spake, the King, _v._, III. 20 - - Brain’s case, III. 122 - - Brazier’s case, 422 - - Broughton _v._ Randall, 380 - - Brown’s case, 352 - - Brown, Cuthbert, _v._, 217 - - Brownrigg’s case, II. 112 - - Bugg, Coll. of Phys. _v._, 30 - - Burns, case of, III. 29 - - Burton, Hume, _v._, 300 - - Burwell, Groenvelt, _v._, 38 - - Bush, Coll. of Phys. _v._, 28, 30 - - Butler _v._ Coll. of Phys., 20—30—31 - - Butler, Coll. of Phys. _v._, 31 - - Butterfield’s case, 303 - - - C. - - Castlehaven’s case, 439 - - Cambridge, V. C. of, the King, _v._, 14 - - Canning, Elizabeth, case of, 369 - - Cave’s case, 434 - - Chester, King _v._ Bishop of, 3 - - Chester, B. of, Fox, _v._, 387 - - Chetwynd’s case, II. 2 - - Chorley _v._ Bolcot, 78 - - Chumley _ex parte_, 298 - - Clarke, Rex, _v._, 294 - - Clinch, case of, III. 144 - - Cockayne _ex parte_, 298 - - Codd and Pizzy, case of, III. 91 - - Coleman, case of, 440—III. 143 - - College of Physicians _v._ Huybert, 18 - - College of Physicians, Butler _v._, 20—30—31 - - College of Physicians, Bonham _v._, 23 - - College of Physicians _v._ West, 24 - - College of Physicians, Grenville _v._, 28 - - College of Physicians _v._ Talbois, 28 - - College of Physicians _v._ Salmon, 28 - - College of Physicians _v._ Bush, 28—30 - - College of Physicians _v._ Tenant, 29 - - College of Physicians _v._ Needham, 30 - - College of Physicians _v._ Bugg, 30 - - College of Physicians _v._ Bourne, 30 - - College of Physicians _v._ Harder, 30 - - College of Physicians _v._ Merry, 30 - - College of Physicians _v._ Stone, 30 - - College of Physicians, Trigg _v._, 30 - - College of Physicians _v._ Butler, 31 - - College of Physicians _v._ Rose, 32 - - Cowper, case of, II. 38—III. 39 - - Cooper _v._ Marshall, 340 - - Copping, Dale, _v._, 79 - - Cory and Cory, 293 - - Coalson _v._ White, 340 - - Cranmer, _ex parte_, 291 - - Cuthbert _v._ Brown, 217 - - Cutt’s case, 296 - - - D. - - Da Costa, Sylva, _v._, 296 - - Dale _v._ Copping, 79 - - Darwin, Rigeway, _v._, 291 - - Dean, John, case of, III. 132 - - Deplock, Taylor, _v._, 391 - - Dey, John, case of, III. 140 - - Dewal _v._ Saunders, 339 - - Dickenson _v._ Blisset, 292 - - Dickson, Margaret, case of, II. 91—III. 85—110 - - Dikes, _ex parte_, 298 - - Donnall’s case, II. 157—246—250 - - Donellan’s case, II. 130—161—402—467.—_Appx._ 243 - - Dormer’s case, 298 - - Douglas cause, 220 - - Doughty, Attorney General, _v._, 340—348 - - Duchess of Chandos’ case, 295 - - Duffin’s case, 435 - - Dwyer and Edie, 382 - - - E. - - East, Giles, case of, III. 132 - - Edie, Anderson _v._, 382 - - Edie, Dwyer, _v._, 382 - - Edwards, Shephard, _v._, 78 - - Ely, Rochfort, _v._, 297 - - Essex, Countess of, _v._ Earl of, 177—211 - - Evans and Munroe, the King, _v._, 351 - - Eyre _v._ Wake, 295 - - - F. - - Fenning, Eliza, case of, II. 188—217—250 - - Ferne, _ex parte_, 297 - - Ferrand, the King _v._, II. 98 - - Ferrers, Earl, case of, III. 140 - - Fish _v._ Palmer, 225 - - Fitzgerald’s case, 295 - - Fleming and Windham’s case, 439 - - Fletcher, Tyrie _v._, 382 - - Forbes’ case, 420 - - Forse and Hembling’s case, 294 - - Fothergill’s case, 50 - - Fox, _v._ Bishop of Chester, 386 - - Foxcroft’s case, 217 - - Francis, case of, III. 51 - - Francis, Newling, _v._, 14 - - Fuller, _v._ Prentice, 154 - - - G. - - Gardener, Laughton, _v._, 29 - - Gardener, Atkins, _v._, 29 - - Godfrey, Sir E. murder of, III. 31 - - Goodall, _v._ Boldero, 382 - - Gore, case of Agnes, II. 129 - - Gould, Regina, _v._, II. 110 - - Green, Berry, and Hill, case of, III. 31 - - Gremaire, _v._ Le Clerk, 78 - - Grenville, _v._ College of Physicians, 28 - - Greenwood’s case, 302 - - Grimstone, _ex parte_, 296 - - Groenvelt, _v._ Burwell, 38 - - - H. - - Hadfield’s case, 299—III. 139 - - Hall and Warren, 293—299 - - Hall, _ex parte_, 296 - - Hamerton, Roebuck, _v._, 229 - - Harder, College of Physicians, _v._, 30 - - Harmwood’s case, 434 - - Harris, King, _v._, 131 - - Harrison, Rex, _v._, II. 94 - - Hastings, _ex parte_, 298 - - Hayes, case of Catharine, III. 73 - - Hayes, _v._ Jaques, 229 - - Hembling, Forse &, 294 - - Herbert, Taynham, _v._, 340 - - Hill’s case, 434 - - Hill, Beswick, _v._, 353 - - Hill, Green, and Berry, case of, III. 31 - - Holmes, Lipscombe, _v._, 78 - - Holt, Birch, _v._, 340 - - Holyland’s, _ex parte_, 300 - - Hope’s case, II. 472 - - Huggins, Rex, _v._, II. 113 - - Hughes, Middleton, _v._, 17 - - Hume, _v._ Barton, 300 - - - J. - - James, Col. case of, 389 - - Jaques, Hayes, _v._, 229 - - Johnson, Bowles, _v._, 154 - - Jones, _v._ Powell, 341 - - Jones, Tenant, _v._, 351 - - - K. - - King, the, _v._ Amery and Monk, 14 - - King, the, _v._ Bishop of Chester, 3 - - King, the, _v._ Miller, 14 - - King, the, _v._ Vice Chancellor of Cambridge, 14 - - King, the, _v._ Askew, 42—44 - - King, the, _v._ College of Surgeons, 57 - - King, the, _v._ Pond, 72 - - King, the, _v._ Taunton, 86 - - King, the, _v._ Lynn, 100 - - King, the, _v._ Harris, 131 - - King, the, _v._ Munro and Evans, 351 - - King, the, _v._ Ferrand, II. 98 - - King, the, _v._ Phillips, III. 56 - - King, the, _v._ Bradden and Spake, III. 20 - - Kingston, Duchess of, 160 - - Kinnaird, Avison, _v._, 386 - - - L. - - Lady Marr’s case, 295 - - Lady Annadale’s case, 295 - - Lady Cope’s case, 298 - - Lambe’s case, 439 - - Laughton, _v._ Gardener, 29 - - Law, Sharp, _v._, 54 - - Le Clerc, Lemaire, _v._, 78 - - Letch’s case, 42 - - Levet’s case, 28 - - Lipscombe, _v._ Holmes, 78 - - Littleton, _ex parte_, 294 - - Lockyer, _v._ Offley, 386 - - Lodie, _v._ Arnold, 340 - - Lord Donegall’s case, 290 - - Lord Wenman’s case, 296 - - Lord Audley’s case, 439 - - Ludlow, _ex parte_, 298 - - Lund, _ex parte_, 296 - - Lynn, the King, _v._, 100 - - - M. - - Mac Donald, Rex, _v._, 353 - - Macley, case of, III. 144 - - Maclin’s case, III. 51 - - Mac Quirk, case of, III. 151 - - Mainwaring, Watson, _v._, 385 - - March, Elizabeth, case of, III. 132 - - Marshall, Cooper, _v._, 340 - - Mason and Mason, 391 - - Merry, College of Physicians, _v._, 30 - - Middleton, _v._ Hughes, 17 - - Mildmay, _ex parte_, 298 - - Mills, Mary, case of, 306 - - Mordaunt, Welborn, _v._, 353 - - Morley, _v._ Pragnal, 346 - - Munroe and Evans, King, _v._, 351 - - - N. - - Nairne and Ogilvie’s case, II. 184—185 - - Neal’s case, 298 - - Neale, _v._ Pettigrew, 80 - - Needham, College of Physicians, _v._, 30 - - Newling, _v._ Francis, 14 - - Nicholson, case of, III. 140 - - - O. - - Offley, Lockyer, _v._, 386 - - Ogilvie and Nairne’s case, II. 184—185 - - Ogle, _ex parte_, 295 - - Olive, Severn, _v._, 157—159 - - - P - - Palmer _v._ Poultney, 340 - - Palmer, Fish, _v._, 225 - - Parnther, Attorney-General, _v._, 299 - - Perreaus, case of the, III. 144 - - Pettigrew, Neale, _v._, 81 - - Phillips, the King, _v._, III. 86 - - Phrazier, Prodgers, &, 290 - - Pitt’s case, 297 - - Pizzy and Codd, case of, III. 91 - - Pond, the King, _v._, 72 - - Poole, Willis, _v._, 384 - - Poultney, Palmer, _v._, 340 - - Powel, Jones, _v._, 341 - - Powel’s case, 422 - - Pragnal, Morley, _v._, 346 - - Prentice, Fuller, _v._, 154 - - Prentice, Seare, _v._, 81 - - Prior, Rosewell, _v._, 340—354 - - Prodgers and Phrazier, 290 - - - Q - - Quain’s case, II. 123 - - - R - - Radcliffe, case of, III. 145 - - Randall, Broughton, _v._, 390 - - Ranket’s case, 344 - - Redman, Joseph, case of, III. 143 - - Regina _v._ Wigg, 337 - - Regina _v._ Gould, II. 110 - - Rex _v._ Alberton, 217 - - Rex _v._ Harrison, II. 94 - - Rex _v._ E. Ridley, II. 110 - - Rex _v._ Clarke, 294 - - Rex _v._ Rosewell, 340 - - Rex _v._ Travers, 422 - - Rex _v._ Mac Donald, 353 - - Rex _v._ White and Ward, 343—348 - - Rex _v._ Roupel, 350 - - Rex _v._ et Regina _v._ Wilcox, 339—341 - - Ridley, E. Rex, _v._, II. 110 - - Rigeway & Darwin, 291 - - Ringe and Beddingfield, case of, III. 30 - - Roberts, _ex parte_, 296 - - Roebuck _v._ Hamerton, 229 - - Rochfort & Ely, 297 - - Rosewell, Rex, _v._, 340 - - Rosewell _v._ Prior, 340—354 - - Rose, College of Physicians, _v._, 32 - - Roupel, Rex, _v._, 350 - - Russen’s case, 420—428 - - - S - - Salmon, College of Physicians, _v._, 28 - - Saunder’s case, II. 129 - - Saunders, Dewal, &, 339 - - Scawen’s case, II. 468 - - Schomberg’s case, 12 - - Scorey’s case, II. 99 - - Seare _v._ Prentice, 80 - - Self’s case, II. 110 - - Sergison _v._ Sergison, 221 - - Severn _v._ Olive, 157—159 - - Sharpe _v._ Law, 54 - - Shelden _v._ Aland, 297 - - Shepherd _v._ Edwards, 78 - - Sheridan’s case, 434 - - Slater _v._ Baker and Stapleton, 80 - - Smithson’s case, 297 - - Southcote, _ex parte_, 295 - - Spake and Braddon, the King, _v._, III. 20 - - Stapleton, Slater, _v._, 80 - - Stainsforth, Tarleton, _v._, 385 - - Stansfield, case of, II. 38—III. 39 - - Stanwix, General, case of, 388 - - Stone, College of Physicians, _v._, 30 - - Stone’s case, 297 - - Street _v._ Tugwell, 348 - - Sylva _v._ Da Costa, 296 - - - T - - Talbois, College of Physicians, _v._, 28—30 - - Tarleton _v._ Stainsforth, 385 - - Taunton, the King, _v._, 86 - - Taylor _v._ Deplock, 391 - - Tenant, College of Physicians, _v._, 30 - - Tenant, Jones, _v._, 351 - - Teynham _v._ Herbert, 340 - - Thornton, Abraham, case of, 417—421—436—III. 35—37 - - Tinckler, case of Margaret, III. 72 - - Travers, Rex, _v._, 422 - - Trigg _v._ College of Physicians, 30 - - Tugwell, Street, _v._, 348 - - Tyrie _v._ Fletcher, 382 - - - V - - Vaux’s case, II. 129—130—467 - - - W - - Wake, Eyre, _v._, 295 - - Walborough, Alice de, case of, III. 132 - - Want _v._ Blunt, 385 - - Ward, White &, Rex _v._, 343—348 - - Ward, _ex parte_, 295—297 - - Warren, Hall _v._, 293—299 - - Warren, _ex parte_, 298 - - Wilson _v._ Mainwaring, 385 - - Weir, Thomas and Jane, case of, 421 - - Westborn _v._ Mordaunt, 353 - - Weston’s case, II. 130 - - West, College of Physicians, _v._, 24 - - West, Style _v._, 171 - - White _v._ Wilson, 293—300 - - White and Ward, Rex _v._, 343—348 - - White, Coulson, _v._, 340 - - Whiting’s case, II. 197 - - Wigg, Regina, _v._, 337 - - Willis _v._ Poole, 384 - - Wilcox, Rex et Regina, _v._, 339 - - Wilson, White _v._, 293—300 - - Windham and Heming’s case, 439 - - Wragg, _ex parte_, 297 - - - X - - Xaris Storeghtor’s case, 297 - - - Y - - York, William, case of, III. 133 - - - - - INDEX. - - - ABATEMENT of nuisances, 333—339—340 - - ABDOMEN, examination of the, III. 60 - - ABORTION, II. 379—III. 84 - causes of, 269 - physiological illustrations of, III. 93 - - ABSORPTION of mineral poison, II. 187 - poison, acting by, II. 208 - of arsenic, II. 192—220 - - ACCESS, when presumed, 217 - - ACCIDENTAL homicide, II. 466 - - ACETOMETER, 377 - - ACIDS, concentrated, poisons, II. 202—207—301 - - ACID, nitric, death by, II. 147—202—305 - sulphuric, II. 202—302 - muriatic, II. 202—313 - phosphoric, II. 202 - arsenious and arsenic, II. 211 - oxalic, II. 315 - prussic, II. 396 - manufactories, nuisances by, 337—343 - - ACONITE, II. 138—159—203—207—379 - poisoning by, II. 380 - - ACRID poisons, II. 202—207 - - ACTIONS for nuisances, 340—353 - for unlicenced practice, 28 - by medical practitioners, 77 - for mala praxis, 80 - - ADIPOCIRE, formation of, 96—III. 25 - - ADOLESCENCE, 185 - - ADULTERATIONS of food, 374 - of bread, 375 - of beer, 377 - of milk, 378 - of medicines, 380 - - AERIAL poisons, II. 456 - - AFFIRMATION of Quakers, 167 - - AFFUSION, cold, use of, II. 391 - warm, II. 393 - - AGARICUS Muscarius, II. 427 - intoxication by, _ib._ - - AGES, 179 - - AGE, of consent, 168—170 - of puberty, 170—179—185 - old, 179 - no bar to marriage, 172 - children of, 175 - determination of, 382 - of deceased persons, enquiries respecting, III. 8—22 - of criminal responsibility, III. 131 - - AGUE, jumping, 362 - - AIR, deprived of oxygen, effects of, II. 48 - consumption of, encreased by muscular action, II. 54 - hindering the circulation of, 348 - tainting, 330—350 - revival by fresh, II. 4 - its influence on contagion, 120—126 - - ALBUMEN, an antidote to sublimate, II. 264 - - ALCHEMISTS, 2 - - ALCOHOL, poison by, II. 203—207—433—436 - physiological action of, II. 437 - - ALIEN, cannot be a Fellow of the College of Physicians, 15 - - ALKALIES, caustic, poisons, II. 202—207—218 - - ALKALINE earths, poisons, II. 202—325 - - ALMONDS, essential oil of, II. 207—396—402—405 - effect of oil and albumen on, II. 404 - analysis of, II. 405 - - ALVINE concretions, supposed or feigned, 367 - - AMENORRHŒA, 235 - - AMENTIA acquisita, 310 - - AMMONIA, II. 323 - a poison, II. 202 - use of, in detecting arsenic, II. 241—244 - effect of, on sublimate, II. 271 - on copper, II. 281—287—293 - test of, II. 324 - poisoning by, II. 324 - - AMMONIURET of silver, a test for arsenic, II. 244 - of copper, II. 245 - - ANAPHRODISIACS, 209 - - ANATOMY, bodies for, 21 - - ANDILUVIAN fever, 120 - - ANIMAL putrefaction, effects of, 123—126—II. 443 - a source of nuisance, 332 - - ANIMAL poisons, II. 440 - - ANIMALS, experiments on, not always conclusive, II. 198 - see _Appendix_, 272 - - ANIMATION, suspended, II. 9 - - ANTIDOTES for arsenic, — - sublimate, II. 263 - antimony, II. 281 - nitrate of silver, II. 300 - sulphuric acid, II. 304 - oxalic acid, II. 316 - potass, II. 323 - baryta, II. 328 - hellebore, II. 374 - prussic acid, II. 406 - mushrooms, II. 433 - - ANTIMONY, II. 141—201 - tartarized, effect on sublimate, II. 274 - generally, II. 277 - tartarized, II. 279 - poisoning by, II. 208 - antidotes of, II. 281 - physiological action of, II. 282 - dissection after, II. 283 - tests for, II. 284—285 - - APHRODISIACS, 209 - - APOPLEXY, death by, II. 22—24—43 - produced by poison, III. 14—17 - by compression, III. 23 - - APOPLECTIC conformation, III. 22 - - APOTHECARY’S wares, search of, 18—20 - - APOTHECARY, practice by, 32—37 - - APOTHECARIES, Society of, 59 - their charter, 59 - their powers, 60 - actions against, 68 - malpractice by, 64 - court of examination of, 65 - who may practice as, 66 - or, as assistants, 66 - examiners in the country, 66 - practicing without certificate, 67 - - AQUA FORTIS, death by, II. 147 - - AQUA Tophana, II. 135—141 - - ARCHBISHOP of Canterbury, licence of, 13—48 - - ARMS, bearing, 73 - - ARSENIC, sale of, should be regulated, 140 - generally, II. 141—148—207—210 - properties of, II. 211 - metallic, not poisonous, II. 212 - garlic smell of, II. 234 - whitens copper, II. 236 - imperfect tests of, II. 235—237 - poisoning by, confounded with cholera - morbus, II. 156—160—219 - putrefaction after, II. 183—229 - case of Mitchel, II. 187 - absorption of, II. 192 - and its compounds, II. 201 - poisoning _per vaginum_ by, II. 221 - case of accidental poisoning by, III. 9 - _See_ cases of _Turner_, _Mitchel_, _Blandy_, _Overbury_, - _Donnell_, _Ogilvie_, & _Nairne_. - - ARSENIC acid and its salts, II. 256 - effect of tests on, II. 257 - sulphurets of, II. 257 - tests of, II. 258 - - ARSENIATES, distinguished from Phosphates, II. 242—245—248 - - ARSENIOUS acid, or white oxide, II. 212 - properties of, II. 213 - vapour of, inodorous, II. 213—235 - poisoning by, degrees of, II. 216 - poisoning by, symptoms of, II. 157—216 - poisoning by, lowest degree of, II. 216 - second degree of, II. 217 - third degree of, II. 218 - modes of poisoning by, II. 220—221 - death by external application of, II. 220 - experiments on external application of, II. 221 - internal use of, _ib._ - physiological action of, II. 223 - dissection of bodies poisoned by, II. 225 - disease induced by, II. 229 - state of the blood produced by, _ib._ - introduced _post mortem_, II. 230 - redness of the stomach not a certain proof of, II. 230 - chemical tests of, II. 232 - solid, how detected, II. 232 - how reduced to metal, II. 233 - different modes of detecting, II. 234—240 - metalized by charcoal, II. 238 - by lime, _ib._ - effect of nitre on, II. 239 - nitrate of silver, II. 239—240 - muriates on, II. 242 - ammoniuret of silver, II. 244 - sulphate of copper, II. 245 - ammoniuret of copper, _ib._ - sulphuretted hydrogen, II. 248 - lime water, II. 249 - tests of, errors respecting, II. 246—249 - adulterations of, II. 243—249 - does not blacken steel, II. 250 - does not prevent dough from rising, _ib._ - examination of when mixed with food, II. 252 - when absorbed by the stomach, II. 254 - effect of iodine on, II. 272 - - ARSENICAL vapour, effects of, 339 - - ARSON (see Combustion), 402 - - ASSISTANT, Surgeon liable for the _mala praxis_ of his, 81 - - ASTHMA, extraordinary treatment of, II. 200 - - ASPHYXIA, II. 35 - of privies, II. 49 - treatment of, II. 75—84 - - ASPHYXIA, idiopathica, II. 30 - - ASTRINGENT poisons, II. 202 - - ATROPIA, II. 411 - - - B - - BARYTA, II. 202—327 - poisoning by, _ib._ - muriate of, _ib._—207 - physiological action of, II. 328 - antidotes to, _ib._ - tests of, II. 329 - - BELLADONNA, II. 203—410 - poisoning by, II. 411 - physiological action of, II. 412 - detection of, II. 413 - - BATEMAN, Mary, case of, II. 269 - - BEER, adulterations of, II. 377 - - BELLAND, or Derbyshire colic, II. 355 - - BILE acrid, may poison, II. 158—196 - - BILLS of health, 127 - of mortality, 143 - - BIRTH, legal time of, 248 - in France, _ib._ - - BISHOP of London, licences of, 12 - - BITES of venomous animals, II. 440 - - BITTER almonds (_see_ almonds), — - - BLACK Assize at Oxford, 125 - - BLANDY, Mr. case of, II. 218—227—249 - - BLANE, Sir G. on fevers, 117 - - BLEEDING, danger of, during pregnancy, III. 95 - - BLINDNESS, feigned, 358—371 - - BLOOD, circulation of, discovered, 9 - quality of, to support life, II. 19 - black, its effects on the brain, II. 32—36—37 - state of, in bodies frozen, II. 62 - vomiting of, feigned, 365 - extraordinary marks of, III. 33 - - BLOWS, murder by, II. 116—122 - - BODIES, combustion of human, 412—415 - - BODY found in the water, examination of, III. 32—62 - - BONES, examination of, III. 73 - of animals, mistakes of, III. 82 - - BOTANIC Garden, 69 - - BOUGHTON, case of Sir Theodosius, II. 401 - - BRAIN, examination of, in cases of insanity, 327 - injuries of, II. 23 - functions of the, II. 18—20 - action of opium on, II. 389 - dissection of the, III. 46 - - BREAD, adulterations of, 375 - kinds of, 375 - - BREWERIES, when nuisances, 333—341 - - BRINVILLIER, poisons of, II. 135 - - BRISTOL Infirmary, 126 - - BRITANICUS, death of, II. 134 - - BROTHEL, death in a, II. 44 - - BRUISES, II. 121 - - BRYONY, II. 203—207 - - BUILDING, excessive, 349 - - BULAM Fever, 117 - - BULLET, murder discovered by examination of, III. 39 - - BURIAL in cities, 92 - at Paris, 95 - not to be hindered, 100 - nor disturbed, 100 - premature, II. 5 - of suicides, II. 108 - - BURNING, (see Combustion), 402 - - BURNS, Margaret, case of, 254—II. 176 - - BYE-LAWS, powers of making, &c., 22 - of College of Physicians, 47—50—51 - of College of Surgeons, 57 - - - C. - - CÆSARIAN operation, 226—274 - curious case of, 276 - - CAIUS, Dr. John, 7 - - CALCUTTA, black hole of, II. 50 - - CALOMEL, sublimate converted into, II. 274 - - CAMBRIDGE, degrees at, 3—17 - - CAMBOGE, _see_ Gamboge, II. 371 - - CAMPHOR, II. 203—207 - - CANDIDATES, Inceptor, 52 - - CANTHARIDES, II. 142—202—207—330 - poisoning by, II. 331 - mode of detecting, II. 332 - - CARBONIC acid gas, effects of, II. 49—III. 24—37 - given out by plants, _ib._ - - CARBURETTED hydrogen gas, II. 464 - - CARDAMOMS, tincture of, produces a red colour in the stomach, II. 23 - - CARNAL knowledge (_see_ Rape), 427—433 - - CASTRATION, 200—433 - - CATAMENIA, _see_ Menses. - - CAUSTIC alkalies, II. 318 - alkaline earths, II. 325 - lunar, II. 299 - _see_ Silver. - - CENSORS to be elected, 16 - their powers, 16—18—24—27—38 - their search, 20 - provincial proposed, 139 - - CERTIFICATES of apothecaries, 66 - annual list of, 67 - - CERTIORARI, writ of, 44 - - CERUSSE, dangerous use of, II. 351—360 - - CHAMBRE ardente, II. 136 - - CHAMPIGNONS, II. 426 - - CHANCELLOR, his jurisdiction over idiots and lunatics, 291 - though no commission found, 294 - - CHARTERS of College of Physicians, 14—21 - abstract of, 15 - of College of Surgeons, 55—57 - of Society of Apothecaries, 59 - - CHILD, signs that a woman has borne a, 256 - - CHARCOAL, fumes of, III. 36 - - CHERRY laurel-water, II. 400 - dangerous use of, II. 402 - - CHILD-BEARING, 172—256 - earliest and latest periods of, 256 - premature, 257 - protracted, 258 - _see_ Parturition. - - CHILDREN, legitimacy of, 216—246 - legitimation of, 218 - supposititious, 219 - identity of, 222 - greatest number at a birth, 259 - - CHLORINE, II. 464 - proposed use of, II. 253—272 - - CHOLERA, II. 155 - spontanea, II. 156 - accidentalis, II. 156—160 - treatment of, II. 160 - - CHROMATE of potass, II. 243 - - CHURCHES, burial in, 92 - - CHURCH-YARDS overcharged, 93—96 - exhumations in, 95 - of Paris, 95 - Dublin, 93 - St. Margaret, 93 - Dunkirk, 95 - St. Denis, 97 - St. Benoit, 97 - - CICUTA, II. 138 - - CITIES, cleanliness in, 91 - - CLASSIFICATION of poisons, II. 199 - table, II. 207 - - CLEANLINESS in cities, 91—123 - - CLERKS, parish, corporation of, 144 - - CLIMACTERIC, grand, 182 - disease, 193 - - CLITORIS, 207 - enlarged, 286—288 - - CLOATHS, infected, should be burnt, 142 - - COCULUS Indicus, II. 203—207—423 - effect of, on fish, II. 424 - - COFFINS, iron, 99 - - COLD, death by exposure to, II. 13—16—59 - cases of, II. 60 - effects of, II. 61 - on the blood, II. 62 - affusion, use of, II. 391 - death of, infant by, III. 128 - - COLIC of Poitou, or saturnine, II. 340—344—346—358 - Devonshire, _ib._ - Derbyshire, II. 355 - miners, _ib._ - painters, _ib._ - - COLLEGE of Physicians, _see_ Physicians. - of Surgeons, 54 - its charters, 55—57 - its powers, 56 - its by-laws, 57 - - COLOCYNTH, II. 207—377 - poisoning by, _ib._ - - COMBUSTION spontaneous, 402 - of hay, 404 - by friction, 403 - by fermentation, 403—404 - by chemical action, 403—406 - turf, flax, hemp, rags, oatmeal, 404 - bran, 405 - of animal matter, 405 - woollen stuffs, 406 - by fixed oils, 110—406 - cases of, 404—405—406—407 - of cere cloth, 409 - lamp black, 410 - by black wad, _ib._ - mineral acids, 411 - pyrites, _ib._ - quicklime, _ib._ - spontaneous of human bodies, 412 - authorities on, _ib._ - cases of, 413—415 - - COMMISSIONERS of lunatics, 296 - - COMMISSION of lunacy, 295 - misconduct of, 294—296 - supercedeas of, 299 - - COMPOS or non-compos, 290 - - CONCEPTION, _see_ Impregnation. - phenomena of, 230 - false, 254 - extra-uterine, 281 - - CONSANGUINITY, a bar to marriage, 168 - physiological reason, _ib._ - - CONSENT, age of, 168—170 - not necessary to impregnation, 436 - - CONSTABLE, physicians exempt from being, 18 - when medical practitioners are exempt, and when not, 72 - - CONTAGION in factories, 90 - from dead bodies, 95 - questions on, 114 - - CONTAGIOUS diseases, 105 - - CONTUSIONS, II. 121 - - COPPER, action of, on the stomach, II. 144 - and its compounds, II. 202 - whitened by arsenic, II. 236 - sulphate of, test for arsenic, II. 245 - ammoniuret of, II. _ib._ - whitened by sublimate, II. 272 - generally, II. 285 - solubility of, II. 286 - culinary precautions on, II. 287—288 - oxide of, II. 287 - effect of ammonia on, II. 287—293 - oxidation and solution of, by oils, II. 287 - green carbonate of (verdigris), II. 288 - dangerous use of, II. 289 - vessels should be tinned, II. 290 - sulphate of, II. 291 - poisoning by salts of, II. 291 - dissection after, II. _ib._ - tests of, II. 292 - effect of iron on, II. 293 - subcarbonate of potass, _ib._ - arseniate of potass, _ib._ - triple prusiate of potass, effect of on, II. 294 - mode of detecting, _ib._ - works, when nuisances, 339—347 - importance of, 342 - - CORONER’s inquest, II. 93—112 - how to be held, II. 94 - return of, II. 97 - must be on view, II. 98 - may be quashed, II. 98—101 - may be traversed, II. 107 - _see_ Suicide. - - CORONER how to be elected, II. 93 - notice of sudden death to be given to, II. 97 - may be discharged or removed, II. 101 - - CORPORA lutea, III. 70 - - CORROSIVE poisons, II. 154—200—201—207 - sublimate, II. 141 - _see_ Sublimate. - - COSTS of experiments, disallowed, 157 - - COUP de Soleil, II. 63 - - COURTESEY, tenant to the, 223 - effect of cæsarian operation, 226 - - CRIMINAL responsibility, III. 131 - - CRANIUM of infant, examination of, III. 121 - - CROTON tiglium, II. 203—207 - - CULINARY poisons, III. 11 - - CUMMIN, supposed property of, 364 - - CUTS, II. 119 - - CYDER, danger of lead in, II. 340 - - CYMBALARIA, II. 142 - - - D. - - DANGEROUS drugs, sale of, 140 - - DATURA, questions on the herb, II. 138 - - DEAD body, examination of, III. 18 - - DEAD, burial of the, 92 - disposal of by various nations, 92—94 - decomposition of the, 98 - - DEATH, real and apparent, II. 3 - signs of real, II. 3—11—14 - apparent after parturition, II. 5 - cases of, II. 4—10 - causes and phenomena of, II. 16 - sudden, II. 16—97 - by arsenic, II. 16 - cold, II. 13—16 - lightning, II. 16—63 - apoplexy, II. 22 - grief, II. 26—29—30—110 - excessive joy, II. 28 - fear, II. 29—110 - suffocation, II. 32 - drowning, II. 35 - hanging, II. 42 - injury of the nerves, II. 44 - manual strangulation, II. 46 - smothering, II. 48 - noxious air, II. _ib._ - cold, II. 59 - heat, II. 63 - starvation, II. 67—110 - wounds, II. 116 - blows, II. _ib._ - intoxication, II. 437 - maggots, II. 453 - chlorine, II. 465 - _mala praxis_, II. 467 - sudden, appearance of the stomach after, II. 174 - - DEAF and dumb, 171—292 - - DEAFNESS, feigned, 370 - - DECLARATIONS of dying men, 165—167—III. 6 - - DECOMPOSITION of dead bodies, 98 - - DECREPITUDE, 195 - - DEGENERATION by intermarriage, 168 - - DEGREES at Oxford and Cambridge, 3 - Dublin, _ib._ - - DELIRIUM, 300 - - DELIVERY, recent, proof of, 222—242—249 - _see_ Parturition. - pretended, cases of, 249 - instrumental, 274 - - DELUSIONS, III. 7 - - DETECTION of opium, II. 394 - belladonna, II. 413 - - DEODAND, II. 99 - - D’EON, Chevalier, 228 - - DIAMOND dust, II. 145 - - DIGITALIS, II. 148 - - DISEASES, feigned, 355 - contagious, 105—II. 113 - epidemic, 104—107 - pestilential, 104 - endemic, 106 - hereditary, 173—324 - - DISEASED flesh, II. 444—447 - - DISLOCATION of cervical vertebræ, III. 52 - - DISORDERS, _see_ Disease. - - DISSECTION of criminals, 12 - necessary skill in, II. 163 - in cases of insanity, 327—II. 104 - of body poisoned by arsenic, II. 225 - sublimate, II. 226 - tartar emetic, II. 283 - copper, II. 291 - sulphate of zinc, II. 298 - sulphuric acid, II. 304 - nitric acid, II. 309 - potass, II. 323 - soda, II. _ib._ - lime, II. 326 - cantharides, II. 332 - lead, II. 357 - nitre, II. 382 - opium, II. 393 - prussic acid, II. 407 - belladonna, II. 412 - mushrooms, II. 233 - danger of punctures during, II. 448 - of the stomach, by Mr. Burns, II. 168 - by Dr. Haviland, II. 169 - of Margaret Burns, II. 178 - of William Mitchell, II. 190 - anatomical, instructions for, III. 45 - of the brain and its membranes, III. 46 - of the thorax, III. 52 - of the abdomen, III. 60 - of the uterus, III. 67 - of the vagina, III. 72 - of infants, III. 107 - - DIVING, II. 33 - - DIVORCE, 176 - propter impotentiam, 177 - - DOGS meat, poison of, II. 446 - - DONELLAN, case of, II. 401 - - DORCHESTER, Marquis of, 10 - - DOUGH, arsenic does not prevent its rising, II. 250 - corrosive sublimate does, II. 250—265 - - DOWNING, Mrs. case of, II. 241 - - DROPSY, feigned, 364 - - DROWNING, II. 35—III. 21—39 - death, how produced by, _ib._ - signs of death by, II. 37—89 - resuscitation after, II. 38—76 - - DROWNED bodies, buoyancy of, II. 40 - - DRUGS, search of, 20—63—68—138 - poisonous, sale of, 139 - - DRUNKENNESS, does not excuse, III. 138 - - DRY-GRINDERS, guard for, II. 457 - - DUBLIN, Trinity College, degree at, 3 - - DUEL, surgeon attending, 167 - - DUMBNESS, feigned, 370 - - DURESS, murder by, II. 112 - - DYSENTERY, decline of, 88 - - - E - - EARTHS, caustic alkaline, II. 325 - - EFFLUVIA, putrefactive, 95 - contagious, 106 - - ELATIN, II. 376 - - ELATERIUM, II. 207—375 - - ELECTRICITY, death by, II. 63 - use of, II. 82 - - ELECTIONS, how regulated, 41 - of Censors, 46 - - EMBRYULCIA, 279 - - EMETIC tartar, II. 207 - - EMISSIO seminis, 203 - in cases of rape, 427—433 - how to be proved, 434 - - ENAMEL powder, II. 334 - - ENDEMIC, distinction of, 106 - fever, remarkable, 119 - - EPIDEMIC, distinction of, 104—107 - - EPILEPSY, 172—329—III. 21 - feigned, 356—361 - - ERGOT, or spurred rye, II. 204 - - ESCAPE of persons committed by Censors, 20 - - ESSEX, case of the Earl of, III. 20—32 - - EUNUCH, can commit a rape, 433 - - EUPHORBIUM, II. 111—203—207—377 - - EVIDENCE, medical, 153—399 - mode of giving, 163 - in cases of Rape, 421 - in cases of Poisoning, II. 153 - - EXECUTION, pleas in bar of, III. 131 - _See_ witness. - - EXAMINATION of body found dead, III. 18 - of the skeleton, III. 73 - - EXEMPTIONS of physicians, 16—72 - of surgeons, 72 - of apothecaries, 72 - - EXPERIMENTS, cost of, disallowed, 157 - - EXPULSION, power of, 41 - - EXTRA-uterine conception, 281 - - EYE, orbit of the, dangerous wounds of, III. 51 - - - F - - FAINTING, II. 25 - _See_ Syncope. - - FACTORIES, diseases in, 89 - - FŒTUS, extra-uterine, 282 - extraordinary defects in, II. 20 - - FALLOPIAN tubes, imperfect, 214 - - FANATICISM, prevalent cause of insanity, 314—363 - - FASTING pretended, 368 - - FATIGUE, effects of, 126 - - FEAR, no legal ground of nuisance, sed. qy., 351 - death by, II. 29 - - FECUNDITY, premature, 257 - protracted, 258 - multeparous, 258—259 - - FEES, physicians, cannot be recovered at law, 77 - - FELLOW of College of Physicians must generally be a graduate of Oxford - or Cambridge, 3 - who may be, 42 - who may not, 15 - who is, 46 - - FERMENTATION, nuisances by, 330 - - FEVER, yellow, 109—116—135 - generation of, 115 - Bulam, 117 - Sir G. Blane on, 117 - pestilential, 117 - sporadic 118 - malignant, 117 - epidemic, 119 - Andalusian or Gibraltar, 120 - in Cork, 124 - in Jails, 124 - in Dublin, 126 - feigned, 364 - - FILTH, whether capable of producing contagion, 122—126 - - FINES, grant of, to College of Physicians, 22 - how to be levied, 24 - - FIRE, nuisances by action of, 331 - - FISH, poisonous, II. 449 - - FLAX, steeping, a nuisance, 332 - - FLESH, diseased, II. 444—447 - - FLEXIBILITY of body apparently dead, II. 14 - - FLOGGING, military, III. 147 - - FLUX, black, chemical use of, II. 233 - - FŒTUS, skeleton of the, III. 75 - weight of the, III. 101 - length of the, III. 101 - appearances of, III. 101 - - FOMITES, 106 - - FOOD, adulterations of, 74 - - FOOTSTEPS, importance of tracing, III. 37 - - FORAMINA, examination of, III. 79 - natural, extraordinary case of, III. 80 - - FOXGLOVE, II. 203 - - FRACTURE of the skull, examination of, III. 46 - - FROTH or foam, appearance of, III. 21 - - FUMIGATION should be enforced, 142 - - FUNGI, poisonous, II. 425 - - - G - - GALVANISM, II. 82 - - GAMBOGE, II. 203—207—371 - - GAOL fever, II. 115 - _See_ Jail. - infectious diseases in, II. 113—115 - - GAOLER, to receive persons committed by the College of Physicians, - 20—26 - - GAS, nuisances by, 331 - diminution of, 339 - - GASES, noxious, II. 48 - - GASTRIC juice, effects of, II. 164—168—171 - appearance of solutions by, II. 175 - perforations, II. 164—III. 64 - - GENITALS, examination of the, III. 72 - - GESTATION, usual period of, 218—230 - shortest period, 241 - longest period, 242 - authorities on, 247 - - GLASS powdered, II. 146—334 - - GODFREY, Sir Edmonsbury, II. 95 - - GOULARD’S extract, II. 350 - - GRAVES, depth of, 93—98 - - GRAVEL, feigned, 366 - - GRIEF, excessive, death by, II. 26—28—30—110 - - GUNPOWDER, not to be kept in large quantities, 352 - - GUNSHOT wounds, II. 124 - course of, _ib._ - - - H - - HABEAS Corpus to bring up a lunatic, 294 - - HÆMOPTHYSIS, feigned, 365 - - HAIR, chopped, II. 334 - - HANGING, death by, II. 42 - whether induced by apoplexy, II. 43 - signs of death, produced by, II. 45 - recovering after, 89 - death by, III. 42 - accidental, III. 43 - murder by, III. 44 - - HARGRAVE, Francis, his note on the legitimate period of gestation, 218 - - HARVEY, Dr. William, 8 - - HEAD, injuries of, 326—II. 25 - policy of preserving, III. 73 - - HEALTH, preservation of the public, 85 - in Ireland, 85 - - HEART, functions of the, II. 17 - rupture of, II. 26 - _See_ Syncope. - morbid structure of, II. 30 - examination of the, III. 56 - ruptured, III. 60 - of infant, examination of the, III. 119 - - HEAT, death by, II. 63 - application of, II. 81 - - HELLEBORE, II. 203—207 - white, II. 372 - poisoning by, II. 373 - antidote to, II. 374 - black, II. 374 - fœtid, II. 375 - - HEMLOCK, II. 148—203—207—420 - water, II. 421 - - HENBANE, II. 207 - black, II. 395 - - HEREDITARY madness, 325 - - HERMAPHRODITES, 207—228—283 - non-existence of, 284—288 - supposed cases of, 285—288 - - HERNIA feigned, 373 - - HOMICIDE generally, II. 1 - by misadventure, II. 466 - - HOMO diluvii testis, detected, III. 83 - - HORN manufactories, a source of nuisance, 338 - - HOSPITALS, ventilation of, 126 - not nuisances, 351 - - HUMANE Society, system of, II. 77 - - HUNTERIAN Museum, 58 - - HYDROGEN, sulphuretted, II. 49 - - HYDRO-cyanic acid, II. 396 - _see_ prussic acid. - - HYDROMETER, 377 - - HYDROSTATIC test of infanticide, III. 109 - Dr. Hutchinson’s mode, III. 111 - test, objections to, III. 113 - - HYDROPHOBIA, suggestion on, II. 446 - - HYMEN, 203 - imperforate, 207 - as a proof of virginity, 428 - authorities on, 430 - - HYPOCONDRIASIS, 320 - - HYSSOP, hedge, II. 207 - - HYSTERIA, feigned, 362 - - - I - - IDENTITY of children, 219 - how to be proved, 222 - mistakes as to, 440—III. 8—142 - non, plea of, III. 131 - - IDIOT, cannot marry, 171 - - IDIOTS, 289—290 - - IDIOTCY, medically considered, 308 - congenital, 308 - general symptoms of, 309 - in criminal cases, III. 131 - - ILLUSION, mental, 301 - - IMPOTENCE, 176—197 - mental, 177—210 - corporeal, 197 - absolute or relative, 197—215—217 - temporary or permanent, _ib._ - organic, 197 - by phymosis, 204 - in females, 206 - by adhesion, _ib._ - by irritability, 208 - functional, 208 - by epilepsy, 209 - - IMPOSITIONS, 355 - - IMPREGNATION, 203—III. 71 - sine penetratione, 203 - per urethram, 204 - experiments on, 268 - consent not necessary to, 436 - - IMPRISON, power of Censors to, 24 - - IMPRISONMENT, murder by excessive, II. 112 - - INCISED wounds, II. 119 - - INDICTMENT for nuisances, 334—350 - - INFANT, violation of, 419 - _See_ Rape. - dead body of, how to be examined, III. 99 - whether born alive, III. 100 - dissection of, III. 107 - death of, whether natural, III. 122 - criminals, III. 131 - - INFANCY, 188 - - INFANTICIDE, 249—258—III. 84 - physiological illustrations of, III. 98 - - INFECTION, distinction of, 105 - increasing danger of, a nuisance, 352 - - INJUNCTION, against nuisances, 340 - - INQUEST, Coroners, II. 93—112 - _See_ Coroner. - by Justices of the Peace, II. 98—107 - - INQUISITION of lunacy, 295 - in England does not bind land in Ireland, 295 - - INQUIRY, medical, synopsis of, III. 1 - as to bodily health, III. 8 - age and occupation, _ib._ - present symptoms, _ib._ - meals last taken, III. 9 - stools and vomitings, III. 11—13 - remedies used, III. 12 - paroxysm of passion, III. 14 - intoxication, III. 15 - body found dead, III. 18 - description of person, III. 22 - formation of the neck, III. 22 - period elapsed since death, III. 23 - marks of wounds, III. 25 - whether self inflicted, III. 32 - smell of cloaths, III. 35 - marks of rape, III. 35 - surrounding objects, III. 36 - marks of struggle, III. 37 - thunder storms, III. 38 - coup de soleil, III. 38 - weapons, their nature and situation, III. 38 - on body found in the water, III. 39 - on body found hanging, III. 42 - - INSANITY, medically considered, 307 - symptoms of, 312—320—359 - sudden, 315 - exaggerated ideas of, 316—318 - necessity of medical evidence on, 315 - questions on, 317 - kinds of, 318 - excessive coection improper in, 322 - recovery from, 323 - causes of, 324 - hereditary, 324 - from injuries of the head, 326 - increase of, in France, 326 - wine and spirits, dangerous in, 327 - women more liable to, 327 - appearances on dissection, 327—II. 104 - feigned, 358 - puerperal, 327—III. 129 - - INSENSIBILITY, delivery during, 243 - - INSURANCE on lives, 381 - foreign case on, 387 - - INTOXICATION, suffocation during, II. 58 - effect of cold during, II. 60 - death by, II. 437 - treatment of, II. 439 - - INTUS-susception, III. 65 - - IODINE, effect of, on arsenic and sublimate, II. 272 - - IRISH Health Act, 85 - - IRON, effect of, on copper, II. 293 - - - J - - JAIL fever, 124—II. 115 - at Cambridge, 124 - Oxford, 125—II. 115 - Exeter, 125 - Taunton, 125 - at Newgate, 125 - Dublin, II. 115 - - JATROPA, curcas, II. 203—207 - - JAUNDICE, feigned, 365 - - JOY, excessive, death by, II. 28 - - JURIES, physicians exempt, 16 - - JUVENTUS, 192 - - - K - - KALI (_see_ Potass) - - KIDNEYS, rupture of the, III. 67 - - - L - - LABOUR, premature, when to be excited, 271 - - LACERATIONS, II. 123 - - LACTOMETER, 377 - - LAUREL water, II. 396 - - LAZAR, or Leper, 86 - - LAZARETTOES, 104—129 - - LEAD, melted, death by, II. 202 - and its compounds, II. 202—336 - red, danger of, II. 277—352 - detection of, _ib._ - melted, death by swallowing, II. 317 - action of water on, II. 338 - diseases induced by, _ib._—356 - in wines and cider, II. 340—344 - combined with tin, is safe, II. 348 - sugar of, II. 349 - Goulard’s extract of, II. 350—359—360 - white, II. 350 - sub-carbonate of, _ib._ - oxide of, II. 351 - red, II. 352 - symptoms of poisoning by, II. 353 - dissection after, II. 357 - physiological action of, II. 358 - tests of, II. 361 - - LEADEN utensils, danger of, II. 338 - glaze of earthenware, II. 340 - - LEGITIMACY, 216—246 - - LEGITIMATION of children, 218 - - _LEPROSO amovendo_, writ _de_, 86 - - LETTUCE, II. 207 - - LEUCORRHŒA, 418 - - LIABILITIES, medical, 72 - - LICENTIATES, litigations of, 41—46—50 - - LICENCE, partial, 48 - - LIGHTNING, death by, II. 63 - returning stroke of, II. 66 - precautions during, II. 66 - - LIKENESS, dangers of trusting to, 221 - - LILLY, Wm., the Astrologer, licenced, 13 - - LIME kiln, when a nuisance, 351 - a poison, II. 202 - vapour of, III. 36 - - LIME water, effect of, on arsenic, II. 249 - effect of, on sublimate, II. 271 - tartar emetic, II. 284 - quick, II. 325 - poisoning by, _ib._ - tests of, II. 326 - - LINACRE, Dr. Thomas, 6 - - LITHARGE, II. 351—359 - adulteration of wine by, II. 346 - - LIVES, insurance on, 381 - - LIVER, examination of the, III. 65 - ruptured, _ib._ - - LOCAL circumstances, or habit, when important, III. 27 - - LOCHIA, 252 - - LOCUSTA, poisons of, II. 133—139 - - LONDON, City of, not to be prejudiced, 17 - practice in, 16 - extent of buildings in, 349 - - LOURLULARY, or Lourgary, 350 - - LUCID intervals, 299 - difficulty of ascertaining, 322 - - LUNAR caustic, a test for arsenic, II. 240 - - LUNACY in criminal cases, III. 131 - - LUNATIC may contract marriage, and how, 171 - - LUNATICS, 289 - access to, 294 - commission, 295 - committee of the person, 297 - estate, 298 - comfort of, the first object, 298 - recovery of, 299—323 - mode of examining, 318 - suicide by, II. 105—107 - supposed legal remedy of, 294 - asylums, 304 - commissions for visiting, 304 - - LUNGS, examination of the, III. 53 - of infant, examination of, III. 109 - weight of, III. 117 - functions of the, II. 17 - appearance of, in cases of narcotic poisoning, II. 394 - - LUTEA, corpora, III. 70 - - LUTE, fire, composition of, II. 234 - - - M - - MACLEAN, Dr. C. on the Plague, 110 - - MADNESS, 289 - _see_ Insanity. - - MAGGOTS, death by, II. 453 - - _MALA praxis_, punishment of, 38 - death by, II. 467 - - MALTA, plague of 1813, 130 - - MANHOOD, 193 - - MANIA, 311 - _See_ Insanity. - hereditary, 173—186 - - MANDAMUS, Dr. _Letch’s_, 42 - Dr. _Fothergill’s_, 50 - Dr. _Archer’s_, 50 - - MANNERS, change of its influence on health, 88 - - MANSLAUGHTER, II. 2 - - MANUFACTORIES, diseases in, 89 - - MARRIAGE, 168 - who may contract, _ib._ - parties to, must be _habiles ad matrimonium_, 170 - must be _habiles ad consensus_, 171 - idiot cannot contract, 171 - deaf and dumb can, _ib._ - lunatic may and how, _ib._ - ancient laws of, 172 - nullity of, 176 - - MECONIC acid, II. 385—387 - - MEDICAL practitioners, exemptions and liabilities of, 72 - - MEDICINES, patent, abuse of, 40 - dangerous, sale of, 140 - - MELANCHOLIA, 312—320 - - _MELIUS inquirendum_ in lunacy, 296 - - MEMBERS of the College of Physicians, who are, 41—45 - - MENORRHAGIA, 255 - - MENSES, 187—232 - peculiarity of the discharge, 187 - cessation of, 194 - - MERCURY, poisoning by, II. 148 - and its compounds, II. 201 - metallic, II. 258—264 - oxymuriate or bichloride of, (_see_ Sublimate). - red oxide of, II. 275 - nitric oxide of, II. 276 - sulphuret of, II. 276 - volatility of, II. 459 - metallic, salivation by, II. 459 - - MERCURIAL vapours, II. 458 - - MIDWIFE, baptism by, 82 - oath of, 83 - licence of, by the College, 43 - by the Bishops, 83 - - MIDWIFERY, 82 - - MILITARY surgery, 355 - - MILITIA, liability to serve in, 75 - - MILK, secretion of, how far a proof of delivery, 253 - man having, 254 - adulterations of, 378 - assay of, _ib._ - - MILREEK, or miner’s colic, II. 355 - - MINERAL poisons, II. 209 - readily detected, II. 186 - - MINES, accidents in, II. 99 - - MINIUM, II. 352 - - MITCHELL and family, case of, II. 187—217 - - MONKS practised physic, 2 - - MONOMANIA, 318 - - MONSTERS, 226—227 - not to be destroyed, 228 - - MORPHIA, II. 385 - effect of, II. 387 - - MORTALITY, bills of, 143 - Breslaw, _ib._ - Northampton, _ib._—147 - London, 143 - importance of, 145 - imperfections of, 145—146 - Chester, 147 - York, _ib._ - - MURDER, II. 2 - self, (_see_ suicide), II. 104 - generally, II. 110 - of infants, (_see_ Infanticide), II. 111 - by duress, II. 112 - by wounding, II. 116 - by blows, II. 116 - - MURIATIC acid, II. 202—313 - poisoning by, II. 313 - tests of, II. 314 - - MUSCLE (_Mytilus Edulis_), II. 449—453 - - MUSHROOMS, poison of, II. 203 - poisonous, II. 425 - poisoning by, II. 428 - antidotes, II. 433 - - - N - - NARCOTIC poisons, II. 141—161—203—207—382 - - NARROTICO-acrid poisons, II. 203—205—207—410 - - NARCOTINE, II. 385 - - NAVEL string, strangulation by, III. 123 - neglect of, III. 126 - hemorrhage, III. 127 - - NECK, dislocation of, II. 44 - - NECROPOLIS, project of, 99 - - NERVES, injuries of, II. 44 - - NICOTIN, II. 416 - - NIGHTSHADE, II. 207—410 - - NITRATE of silver, a test for arsenic, II. 240 - objection to, considered, II. 241 - best mode of using, II. 241 - poisoning by, II. 300 - _See_ silver. - - NITRE, poisoning by, II. 381 - test of, II. 382 - - NITRIC acid, II. 305 - death by, II. 147—202 - poisoning by, II. 306 - tests of, II. 312 - - NITRIC oxide of mercury, II. 276 - - NOISES, excessive, nuisances by, 331—348—351 - - NON-COMPOS, (_see_ insanity and lunacy), 290 - - NOYAU, _creme de_, danger of, II. 404 - - NUISANCES, 330 - various kinds of, 330 - by putrefaction or fermentation, 330 - by tainting the air, 330 - the waters, 331—350—351 - by noises, 331—348—351 - indictment of, 334 - actions for, 340 - injunctions against, 340 - when allowed, 341 - evidence on, 347 - by probable danger, 352 - whether a new comer can have his action for, 353 - continuance of, 353 - - NUX vomica, II. 203—421 - uncertain effects of, II. 422 - - - O - - OATH of Censor, 18 - allegiance and supremacy, 18 - - OBSTRUCTIONS, death or disease by, II. 144—145 - - ŒSOPHAGUS ruptured, II. 63 - - OFFALS, animal poison in, II. 446 - - OILS, fixed, dangers of, (_see_ combustion), 406 - - ONIONS, decoction of, error respecting, II. 246 - - OPERATION, cæsarian, 226—274 - sigaultian, 274—280 - - OPIUM, sale of, should be regulated, 140—II. 383 - poisoning by, II. 142—207 - excessive dose of, II. 151 - Turkey, II, 384 - East Indian, II. 383 - eaters, II. 388 - symptoms of poisoning by, II. 389 - action on the brain, II. 389—390 - physiological action of, II. 390 - treatment in cases of poisoning by, II. 391 - mechanical removal of from the stomach, II. 392 - detection of, 394 - - OPHTHALMIA, feigned, 372 - - OPTICAL deceptions, II. 247 - - ORGANIC lesions, and effects of poison, II. 162 - - ORPIMENT, II. 257 - - OSSIFICATION, III. 75 - - OVARIA, absence of, 192—213 - essential to puberty, 192 - diseased, 213 - should be examined, II. 181 - examination of the, III. 70 - - OVERBURY, Sir T. murder of, II. 130—137—222—331 - - OXALIC acid, II. 315 - fatal mistakes of, 141—II. 315 - poisoning by, II. 316 - tests of, _ib._ - antidotes to, _ib._ - - OXYGEN, requisite for respiration, II. 34 - consumption of, increased by action, II. 34—39 - death, by air deprived of, II. 42 - - OXYGENIZED blood, necessary to life, II. 20 - - OXFORD, University of, degrees in, 3—17 - - OXYMURIATIC acid gas, II. 464 - - - P - - PAINTER’S colic, II. 355 - - PALSY, feigned, 362 - - PAPIST, recusant cannot practice, 15 - - PARIS, cemeteries of, 95 - - PARISH Offices, physicians exempt, 18 - - PARR, old, 172 - - PARTURITION, 241 - questions on, 241 - during insensibility, 243 - recent, signs of, 251 - difficulty of determining, 258 - diseases resembling, 254 - - PASSIONS violent, their effect, II. 26 - - PASSION, effects of, III. 14 - - PEEL, Sir Robert, cotton factories, 89 - - PEINE fort et dure, II. 56 - - PELVIS, distorted, 272—274 - - PENETRATION, in rape, 427 - - PENIS, malformation of, 203 - excessive, 204 - diminutive, 201 - mutilated, 205 - paralysis of, 205 - - PERFORATIONS, gastric, II. 164—III. 62 - in the stomach, II. 164 - appearance of, II. 175 - not always a sign of poison, II. 175 - - PERICARDIUM, examination of, III. 56 - - PERSONAL identity, III 8—131—142 - - PHANTOMS of insanity, 321 - - PHARMACOPŒIA, 52 - - PHOSPHATES distinguished from arsenic, II. 241 - - PHOSPHORUS, II. 202—333 - poisoning by, II. 333 - - PHYSICIAN, profession of, 1 - College of, founded, 6 - powers of, 23 - charter confirmed, 13 - College of how to sue, 28 - classes of, 52 - - PICROTOXINE, II. 425 - - PLAGUE, regulations in time of, 86 - contagion of, 95 - definition of, 108 - authorities on, 108—111—112 - contagious, 109 - Dr. Maclean on, 110 - at Marseilles, _ib._ - Messina, _ib._ - ancient authorities on, 111 - report of the College on, 113—Appx. 185 - in London, 121 - source of the, 127 - at Malta, 1813, 130 - police, 104 - - PLOMB or asphyxia of privies, 101 - - PLOUQUET’S test of infanticide, III. 117 - - POISON, definition of, II. 142 - - POISONS generally, II. 131 - classification of, 199—207 - slow, II. 132—143—149—355 - vegetable, II. 138—182—366 - narcotic, II. 141—154—161—200—203—381 - consecutive, II. 147—149 - accumulative, II. 148—149—260—355 - absolute, II. 150 - relative, II. _ib._ - corrosive, II. 154—200—201 - astringent, II. 200—202—336 - animal, II. 440 - septic, II. 200—204—_ib._ - aerial, II. 204—456 - acrid, II. 200—202—371 - mineral, II. 209 - mechanical, II. 334 - narcotico-acrid, II. 200—203—205 - absorption of, II. 208 - external application of, II. _ib._ - effect of on animals, II. 193 - of the toad, II. 139 - of the lepus marinus, II. 141 - of acrid bile, II. 158 - of fishes, II. 204 - of vipers, II. 442 - - POISONING, murder by, II. 128 - antiquity of, II. 132—138 - fables of, II. 136 - evidence of, II. 153 - questions on, II. 154 - by arsenic, II. 216 - sublimate, II. 259 - antimony, II. 270 - copper, II. 291 - muriate of tin, II. 295 - sulphate of zinc, II. 297 - nitrate of silver, II. — - concentrated acids, II. 301 - sulphuric acid, II. 303 - oxalic acid, II. 316 - potass, II. 202—320—322 - soda, II. 323 - ammonia, II. 324 - lime, II. 325 - baryta, II. 327 - phosphorus, II. 333 - lead, II. 353 - white hellebore, II. 373 - black hellebore, II. 374 - fœtid hellebore, II. 375 - elaterium, II. 376 - colocynth, II. 377 - euphorbium, II. 378 - savine, II. 378 - aconite, II. 380 - nitre, II. 381 - opium, II. 388 - henbane, II. 395 - prussic acid, II. 398 - nightshade, II. 411 - stramonium, II. 414 - tobacco, II. 418 - hemlock, II. 421 - nux vomica, II. 422 - mushrooms, II. 428 - alcohol, II. 436 - fish, II. 451 - - POISONOUS drugs, sale of, II. 139 - proposed regulation, II. 141 - fish, II. 449 - - POITOU, colic of, II. 340—344—346—350 - - POLICE plague, 104 - medical, 138 - - POPPIES red, mistake arising from, II. 231 - - POTASS, II. 319 - a poison, II. 202—320 - carbonate and subcarbonate, effect on sublimate, II. 271 - effect on copper, II. 293 - arseniate of, effect on copper, II. 293 - triple prussiate of, effect on copper, II. 294 - subcarbonate of, II. 322 - poisoning by, _ib._ - antidotes to, II. 323 - - POTASSÆ, liquor, II. 320 - tests of, _ib._ - - POTASSA fusa, II. 321 - - POTASSA cum calce, II. 321 - - PRACTICE within London and seven miles, confined to College of - Physicians and their Licentiates, 16—41 - unlicenced, punishment of, 23—26 - action for, 28 - what is, 30—35 - in the country, 41 - - PRATIQUE, 128 - - PREGNANCY, 230 - _See_ Gestation. - symptoms of, 233 - how to ascertain, 236 - mistaken for dropsy, 237 - may be coexistent with dropsy, 238 - privileges of, 239 - feigned, 249 - signs on dissection, III. 69 - plea of, III. 131—141 - - PRESCRIPTIONS, 64 - - PRIAPISM, 205 - - PRINCE Charles Edward, 223 - - PRINCES, births of, disputed, _ib._ - precautions at, _ib._ - - PRISON discipline, 89—II. 113 - - PRISONERS, death of, II. 111—112 - - PRIVIES, cleansing, 100 - asphixia of, 101 - explosion in, _ib._ - regulation of, 102 - in Paris, _ib._ - gas of, II. 463 - infants found in, III. 124 - - PRECOCITY of talent, 184 - - PROLAPSUS uteri, 287 - feigned, 373 - - PROTESTANTS, French, charter to, 30 - - PRUSSIAN blue, nuisance of manufactory, 337 - - PRUSSIC acid, II. 207—396 - spontaneous generation of, II. 162 - properties of, II. 397 - poisoning by, II. 398 - suicide by, II. 399—401 - accidents by, II. 399—401—402 - physiological action of, II. 404 - antidotes, II. 406 - test of, II. 408 - - PTYALISM, extraordinary case of, II. 461 - - PUBERTY, age of, 170—185 - signs of in males, 185 - in females, 187 - premature, 188 - singular case of, 189 - how to ascertain, 190 - - PUERPERAL insanity, III. 129 - - PUERITIA, 184 - - PULMONIC test of Infanticide, III. 109 - - PULVIS successionis, II. 142 - - PUNCTURES, II. 120 - - PUNISHMENTS, III. 147 - - PUTREFACTION, whether capable of generating contagion, 122 - nuisances by, 330 - as a test of death, II. 3 - in cases of poisoning, II. 155—182 - signs of in the stomach, II. 181 - should not prevent dissection, II. 185 - - PUTRESCENT animal matter, II. 443 - - - Q - - QUARANTINE, 104—127 - origin of, 127 - laws, 131 - vexatious application of, 131 - necessity of, 136 - - QUICKSILVER, _see_ Mercury. - - _QUO warranto_ against the President and Censors of the College of - Physicians, 46 - - QUICK or not, question of, III. 142 - - - R - - RANUNCULI, II. 207 - - RAPE, 416 - accusation of, should be immediate, 416 - appeal of abolished, 417 - in Scotland, 417 - immediate medical examination necessary, 417—424 - signs of, 417 - accuser and accused to be medically examined, 417 - false accusation of, 418—426 - general observations, 419—424 - on the person of an infant, 419 - cases of, 420 - evidence of infant, 421 - male infant under 14 deemed incapable of—sed q., 422 - penetration, whether necessary, 427—433 - emissio seminis, 427—433 - whether Eunuchs can commit, 433 - evidence on, 434—439 - - REALGAR, II. 259 - - RECOVERY of drowned persons, II. 78 - - RECTUM, poison inserted into, II. 222—230 - examination of the, III. 64 - - RESEMBLANCE, personal, 220 - animal, 221 - - RESPIRATION, II. 18 - artificial, II. 21—78 - cessation of, II. 33 - utmost suspension of, II. 33 - of infants, III. 113 - in utero, 224 - - RESPONSIBILITY, criminal, III. 131 - - RHEUMATISM, feigned, 358 - - RICINUS, II. 203 - - ROYAL Letters, 3 - - RYE, spurred, poison of, II. 204 - - - S - - SAFETY lamp, II. 100 - - SAFFRON, meadow, II. 207 - - SALIVATION by sublimate, II. 261 - - SALT, spirit of, _see_ muriatic acid. - - SALT Tax, impolicy of, 90 - - SANDARACH, mistake of, II. 210 - - SATURNINE medicines, danger of, II. 359 - - SAUSAGES, danger of, II. 445 - - SAVINE, II. 207—378 - administering, III. 86—94 - - SCAMMONY, II. 203 - - SCHOOLS, diseases in, 90 - - SCROFULA, hereditary, 173 - - SEARCHERS, duty of, 144 - inadequacy of, 144 - - SENECTUS, 194 - - SEPTIC poisons, II. 204—440 - - SEX, mistaken, 285—286—288 - - SEXES, equal births of both, 259 - - SHEEP skins, steeping, a nuisance, 351 - - SICKNESS, the sweating, 124 - - SIGAULTIAN operation, 274—280 - - SIGHT, defective, feigned, 372 - - SILVER and its compounds, II. 202 - nitrate of, II. 207—299 - poisoning by, II. 300 - tests of, II. 300 - - SKELETON, examination of the, III. 73 - sex of, III. 76 - - SKULL, examination of, III. 36 - - SLAUGHTERING in cities, 92 - - SLAUGHTER houses, nuisance of, 344 - - SLOW poisoning, II. 145 - - SMALL pox, exposure of persons with, 86 - contagion of, 98 - effect of fresh air on, II. 5 - - SMELTING houses, when nuisances, 338—341 - importance of, 342 - evidence on, 348 - - SMOKE, nuisances by, 331—333 - modes of diminishing, 335 - - SMOTHERING, death by, II. 48 - - SNUFF, dangerous abuse of, II. 419 - - SOAP boilers, a nuisance, 338 - - SODA, poisoning by, II. 202—323 - tests of, II. 321 - - SOLEIL, coup de, III. 24—38 - - SOMNOLENCY, feigned, 359 - - SPINE, fracture of, III. 44 - - SPINAL marrow, functions of, II. 20—24 - - SPIRITS, effects of, II. 434 - - SPLEEN, ruptured, II. 123—III. 66 - - SPONTANEOUS combustion (_see_ combustion), 402 - - SPORADIC fever, 117 - - SPURRED rye, II. 204 - - SQUILL, II. 203—207 - - STABBING, statute of, II. 2 - - STARCH, manufactories, 332 - - STARVATION, death by, II. 67—110 - cases of, II. 68 - voluntary, II. 69 - - STATUTES, 51. Hen. 3., 375 - 17. Edw. 2. c. 9., 291 - 12. Rich. 2. c. 13., 350 - 9. Hen. 5., 12 - 3. Hen. 8., 3 - 5. Hen. 8., 54 - 14 & 15. Hen. 8., 12—72 - 21. Hen. 8. c. 1., 402 - 22. Hen. 8., II. 128 - 22. Hen. 8. c. 1., 402 - 23. Hen. 8., II. 468 - 32. Hen. 8. c. 38., 18—54—72—169—II. 466 - 34. & 35. Hen. 8., 19—30 - 37. Hen. 8. c. 26., 402 - 1. Mary. c. 9., 18—20—26—31 - 1. & 2. Ph. & Ma. c. 8., 169 - 4. & 5. Ph. & Ma. c. 4., 402 - 1. Edw. 6. c. 12., 402—II. 128 - 2. Edw. 6. c. 8., 297 - 2. & 3. Edw. 6. c. 23., 169 - 5. & 6. Edw. 6. c. 12., 171 - 1. Eliz. c. 1., 169 - 5. Eliz. c. 10., 154 - 43. Eliz. c. 13., 402 - 1. Ja. 1. c. 31., 86 - 1. Ja. 1. c. 8., II. 2 - 9. Ja. 1. c. 5., 15 - 21. Ja. 1. c. 21., III. 85 - 21. Ja. 1. c. 27., III. _ib._ - 22. & 23. Car. 2. c. 7., 402 - 2. Wm. & Ma. sess. 2. c. 8., 336 - 7. & 8. Wm. 3. c. 35., 171 - 8. Ann. c. 18., 375 - 10. Ann. c. 19., 171 - 1. Geo. 1. c. 48., 402 - 9. Geo. 1. c. 22., 402 - 10. Geo. 1., 21—40 - 12. Geo. 1. c. 61., 352 - 13. Geo. 1., 21 - 4. Geo. 2. c. 10., 290 - 18. Geo. 2. c. 15., 54 - 10. Geo. 2. c. 32., 402 - 15. Geo. 2. c. 30., 171 - 22. Geo. 2. c. 2., 155 - 28. Geo. 2. c. 19., 402 - 31. Geo. 2. c. 29., 375 - 31. Geo. 2. c. 42., 402 - 9. Geo. 3. c. 29., 402 - 14. Geo. 3. c. 48., 381 - 14. Geo. 3. c. 49., 304—305 - 18. Geo. 3. c. 19., 156 - 26. Geo, 3. c. 60., 131 - 40. Geo. 3. c. 79., 136 - 43. Geo. 3. c. 58., III. 58 - 44. Geo. 3. c. 98., 135 - 45. Geo. 3. c. 10., 131 - 45. Geo. 3. c. 92., 156 - 48. Geo. 3. c. 96., 306 - 55. Geo. 3., 62 - 56. Geo. 3. c. 69., 306 - 57. Geo. 3. c. 22., 345 - 57. Geo. 3. c. 106., 306 - 58. Geo. 3. c. 28., 379 - 58. Geo. 3. c. 56., 379 - 58. Geo. 3. c. 65., 379 - 59. Geo. 3. c. 41., 85 - 59. Geo. 3. c. 127., 306 - 1. Geo. 4. c. 98., 306 - 1. & 2. Geo. 4. c. 33., 306 - - STEAM engines, number of, 334 - - STEEL not blackened by arsenic, II. 250 - blackened by corrosive sublimate, II. 250—270 - - STENCH, noxious, nuisances by, 346 - need not be unwholesome, 348 - death by, II. 111 - - STERILITY, 197—212 - organic, 212 - functional, 214 - sympathetic, 215—217 - - STIFFNESS, cadaverous, II. 13—III. 23 - - STOMACH, injuries of, by poison, II. 163 - changes in, after death, II. 164 - solution or digestion of, II. 166—171 - vascular appearance of, II. 173 - red colour, not always to be attributed to poison, II. 230 - suspected to contain arsenic, examination of, II. 254 - examination of, for sublimate, II. 274 - copper, II. 295 - lead, II. 357—365 - of infants, examination of, III. 120 - examination of the, III. 61 - ruptured, III. 63 - appearance of, in cases of sudden death, II. 393 - - STONE, feigned, 366 - - STRAMONIUM, II. 203—413 - poisoning by, II. 414 - - STRANGULATION, II. 21—24—26—42 - death by, II. 46 - - STRYCHNIA, II. 422 - - SUBLIMATE, corrosive, II. 141—207 - _Suleyman_, the taker of, II. 151 - absorption of, II. 187 - effect of on dough, II. 250 - blackens steel, II. 250—270 - properties of, II. 259 - smell of vapour, _ib._ - poisoning by, _ib._ - symptoms of a large dose, II. 260 - symptoms of small doses, II. 260 - salivation by, II. 261 - physiological action of, II. 262 - antidotes and treatment of, II. 263 - action of albumen on, II. 264 - gluten on, II. 265 - tests for, II. 267 - galvanic test, _Sylvester’s_, II. 268 - Archdeacon _Wollaston’s_, _ib._ - test by precipitation, II. 269 - carbonate of potass, II. 271 - subcarbonate of potass, _ib._ - ammonia, _ib._ - lime water, _ib._ - nitrate of tin, II. 272 - iodine, II. 272 - sublimation, II. 273 - mode of detecting, when mixed, II. 273 - converted into calomel, II. 273 - examination of the stomach for, II. 273 - effect of tartarized antimony, II. 274 - - SUBPŒNA ad testificandum, 154 - - SUCCESSION, Poudres de, II. 355 - - SUFFOCATION, II. 32—III. 21—24—36 - death by, how produced, II. 32 - cases of, II. 49—50—55 - by compression, II. 55 - by obstruction, II. 57 - voluntary, fable of, II. 56 - during intoxication, II. 58 - - SUICIDE, II. 1—104 - disputed, III. 20 - by idiots or lunatics, II. 105 - by an infant, II. 195 - forfeiture, II. 106 - burial of, II. 108 - questions on, III. 32 - by drowning, III. 41 - - SUGILLATIONS to be distinguished from ecchymoses, III. 104 - - SULEYMAN Yeyen, II. 151 - - SULPHURIC acid, II. 202—302 - poisoning by, II. 303 - antidotes to, II. 304 - tests of, II. 305 - - SULPHUROUS acid gas, II. 465 - - SULPHURETTED hydrogen gas, II. 462 - - SULPHATE of copper, effect on arsenic, II. 245—291 - - SULPHURETS of arsenic, II. 257 - tests of, II. 258 - of mercury, II. 276 - - SUPERFŒTATION, 247—260 - cases of, 261 - modern case of, 262 - in animals, 266 - questions on, 268 - circumstances essential to, 269 - - SUPPOSITITIOUS children, 219 - - SURGEONS of London, 3 - College of, 54 - their Charters, 55—57 - military and naval, 56 - actions against for _mala praxis_, 88 - - SURVIVORSHIP, 388 - according to the Code Napoleon, 392 - case of, chemically determined, III. 25 - - SUSPENDED animation (_see_ animation), II. 9 - - SWINE keeping in London a nuisance, 336 - - SYMPATHY, extraordinary effects of, 363 - - SYNCOPE, II. 25 - from hemorrhage, II. 26 - feigned, II. 360 - - SYNOPSIS of objects of enquiry in cases of sudden death, III. 1 - - - T - - TALLOW MELTERS, nuisance of, 944—346 - - TAN YARDS, when nuisances, 332 - - TANNIN effect of on arsenic tests, II. 248 - - TARTAR emetic, II. 204—207—274—279—280 - - TENANT by the courtesy, 225 - - TESTICLES necessary to puberty, 192 - use of, 197 - want of, 198 - concealed, _ib._ - defective, 201—202 - wasting of, 202 - - TESTS, chemical, of arsenic, II. 232 - sublimate, II. 267 - lead, II. 361 - copper, II. 292 - nitre, II. 382 - - THORAX, dissection of, III. 52 - - TIN and its compounds, II. 202 - muriate and oxide of, II. 207 - nitrate of, effect on sublimate, II. 272 - important use of, II. 290—348 - muriate of, poisonous, II. 295 - - TIPPLE, case of Thomas, II. 117 - - TOAD, poison of the, II. 139 - - TOBACCO, II. 414 - essential oil of, II. 416 - prejudices against, II. 415—416 - poisoning by, II. 418 - injection of, dangerous, II. _ib._ - physiological action of, II. 419 - difference between the essential oil and infusion of, II. 420 - abuse of, II. 88 - poison, II. 203—207 - - TOPHANA, poisons of, II. 134—141 - - TOXICOLOGY, _see_ Poisons, II. 131 - - TRADES dangerous, II. 457—III. 8 - - TRANCES or apparent death, II. 4—6—25 - - TRAVERSE, right of, in lunacy, 296 - by idiot in person, 297 - by lunatic, by attorney, _ib._ - - TREAD MILL, III. 147 - - TREATMENT of persons poisoned by opium, II. 390 - - TRIUMPH, H. M. S., case on board, II. 460 - - TURNER and family, case of, II. 216—250—III. 94 - - TWINS, united, 227 - - TYPHUS, generation of, 98 - causes of, 123 - danger of in populous places, 352 - - - U - - UMBILICAL cord, _see_ Navel string. - - ULCERS, feigned, 372 - - UNIVERSITIES, 3—5—13—23—24—28—68 - - UPAS Antiar, II. 207 - - URINE, vomiting, feigned, 365 - bloody, feigned, _ib._ - incontinence of, feigned, 366 - - UTERUS examination of the, III. 67 - absence of, 192—212 - imperforate, 212 - polypus in, 213 - during gestation, 231 - gravid, examination of, 237 - double, 265 - prolapsus of, 287 - necessity of inspecting in doubtful cases of sudden death, II. 181 - - UTERINUS vagitus, 224 - - - V - - VAGINA, adhesions in, 206 - imperforate, _ib._ - obstructed, _ib._ - malformation of, 207 - double, 265—266 - state of in virgins, 431 - poison introduced into, II. 221 - examination of the, III. 72 - - VAGITUS Uterinus, 224 - - VAPOUR, noxious, nuisances by, 331 - - VAPOURS, mercurial, II. 458 - noxious, III. 36 - - VARNISH manufactories, nuisances, 338 - - VEGETABLE fermentation, a source of nuisance, 332—345 - poisons, II. 138—182—366 - - VENEREAL disease, 88 - - VENOMOUS animals, II. 440 - - VENTILATION in jails, importance of, 125 - - VERATRIA, II. 374 - - VERDEGRIS, II. 207—288—290 - - VERMILION, detection of, II. 277 - - VESALIUS, a Spanish physician, case of, II. 6 - - VESPA, II. 443 - - VIABILITE, 243 - - VIABILITY of infant, III. 100—108 - - VILLOUS coat of the stomach, separation of, II. 163 - - VINEGAR, action of on opium, II. 392 - on prussic acid, II. 406 - - VIPERS, II. 440 - bite of, II. 441 - - VIRGINITY, signs of, 424 - - VIRGINS, corpora lutea in, III. 71 - - VITERBI case of, II. 69 - - VITRIOL, white, _see_ Sulphate of Zinc. - oil of, _see_ Sulphuric Acid. - - VOMITING blood, feigned, 365 - urine feigned, _ib._ - difficult to excite in cases of poisoning by opium, II. 389—393 - - - W - - WADDING, murder detected by the examination of, III. 39 - - WATCH and WARD, physicians exempt, 18—72 - surgeons and apothecaries exempt, 54 - - WATER, in the stomach or lungs of bodies supposed to have been drowned, - II. 38 - boiling, death by, II. 202—316 - stagnant, 91 - tainting, 330—350—351 - - WHITING, case of Michael, II. 265 - - WHITEWASHING infected chambers should be enforced, 142 - - WILL, incapacity of making a, 293 - - WINE, action of, II. 434 - - WINES adulterated with lead, II. 344—345 - test of, II. 363 - - WITNESSES, medical, 153 - expenses of, 154 - examination of, 158 - not privileged, 160 - observations on, 161 - - WOMB and its appendages, III. 69 - - WOUNDS, classification of, II. 116 - examination of, II. 118—III. 45 - direction of, II. 119—126 - incised, II. 119 - gun-shot, II. 124 - whether inflicted during life, II. 127—III. 31 - whether mortal, III. 30 - - WOUNDING, murder by, II. 116 - - - Y - - YELLOW fever, 109—116—135 - - - Z - - ZINC and its compounds, II. 202 - sulphate of, II. 207 - poisoning by, II. 297 - tests of, II. 299 - - - ------------------------------------ - - Printed by WILLIAM PHILLIPS, - George-yard, Lombard-street, London. - - - - - APPENDIX - - TO - - PART I. - - - STATUTES AND CHARTERS. - - - - - STATUTE. - - 9 _Hen._ 5. - - - [Cited by Sir Wm. Browne in his Vindication of the College of - Physicians. Quarto, London 1753.] - - Ex Bundello petitionum de an^o. 9^o. H. 5. in Parliamento. - -HEY and most mighty prince noble and worthy lords spirituelx and -temporelx and worshipfull comunes, for so moche as a man hath thre -things to governe, that is to say soule, body, and worldly goods, the -which ought and shulde ben principaly reweled by thre sciences, that ben -divinitie, fisyk, and lawe, the soule by divinitie, the body by fisyk, -worldly goods by lawe, and those conynges should be used and practised -principally by the most connyng men in the same sciences, and most -approved in cases necessaries to encrese of virtue, long life, and gouds -of fortune, to the worship of God and comyn profit. - -But worthi soveraines hit is known to your hey discretion, meny -uncunning and unaproved in the aforesaide science practiseth, and -specialy in fysyk, so that in this realme is every man be he never so -lewed taking upon him practice y suffered to use it to grete harm and -slaughtre of many men, where if no man practiced therein but al only -connynge men and approved sufficiently y learned in art, filosofye, and -fysyk, as it is kept in other londes and roialmes ther shuld many man -that dyeth for defaute of helpe lyve, and no man perish by unconning. - -Wherefore pleseth to your excellents wysdomes that ought after your -soule have no entendance to youre body for the causes abovesaid, to -ordaine and make in statute perpetually to be straitly y used and kept. -That no man of no manner, estate, degre, or condition, practice in fysyk -fro this time forward, bot he have long time y used the scoles of fysyk, -having letters testimonialx sufficianty of on of those degrees in the -universite in which he took his degree in, under payne of long -imprisonement and paying XL lb to the king, and that no woman use the -practice of fysyk under the same payne, and that the sherreffs of every -shire make inquisition in their tournes if there be any that forfaiteth -agens this statuit under a payne reasonable, and thenne that they put -this statute in execution without any favoure under the same payne; also -lest that they the which ben able to practise in fisyk ben excluded fro -practise, the which be not graduated. Pleseth to your hey prudency to -send writtes to all the sherriffs of England, that every practysour in -fisyk not graduated in the same science, that wole practise forth be -wythin on of the universities of this lond by a certain day, that thay -that ben able mowe aftre true and strayt examination be received to -their degree, and that they that be not able to cese fro the practise -into the time they ben able and approved, or for to never more entermete -thereof, and that herto also be y set a peyne convenient. - - _Dorso._ - - Responsio hujus petitionis patet in rotulo parliamento dat. 2. dic - maij anno regni regis Henr. 5ti. post conquestum nono. - - Rot. Parl. 9. H. 5. p. 1. N^o. 11. - - - Lordinance encontre les entremettours de fysyk et de Surgerie. - - ------- - -Item pur ouster meschieves et perils qe longement ont continuez dedains -le roialme entre les gentz par my ceux quont usez larts et le practik de -fisik et surgerye pretendantz foi’ bien et sufficeaument apris de mesmes -les arts on de verite non pas estes a grand deceite a le people. Si est -ordeinez et assentuz en ceste parlement qe les seigneurs du counseil du -roy pur le temps esteantz aient poair per anctoritie de mesme le -parlement de faire et mettre tielle ordinaunce et punissement envers -ceux persones qe desore evanant vorrant entremetter et user le practik -des dits arts et ne sont my hables ne approves en ycelles come app’ent -as mesmes les arts cesstasavoir ceux de fisyk en les universities et les -surgeons entre les mestres de cell arte et ceo come semblera as ditz -seigneurs les plus convenables et necessarie en le cas selonc lour bon -advis et discretions pur le surete de le people. - - ------- - - - - - STATUTE. - - 3. _Hen._ 8. _c._ 11. - - An Act for the appointing Physicians and Surgeons. - - -‘To the King our Sovereign Lord, and to all the Lords Spiritual and -Temporal and Commons in this present Parliament assembled. Forasmuch as -the Science & Cunning of Physick & Surgery (to the perfect knowlege -whereof be requisite both great Learning and ripe Experience) is daily -within this Realm excercised by a great multitude of ignorant Persons, -of whom the great part have no manner of Insight in the same, nor in any -other Kind of Learning; some also can no Letters on the Book, so far -forth, that common Artificers, as Smiths, Weavers, and Women boldly and -accustomably take upon them great Cures, and Things of great Difficulty, -in the which they partly use Sorcery and Witchcraft, partly apply such -Medicines unto the Disease as be very noious, and nothing meet -therefore, to the high Displeasure of God, great Infamy to the Faculty, -and the grievous Hurt, Damage, and Destruction of many of the King’s -liege People, most especially of them that cannot discern the uncunning -from the cunning:’ Be it therefore (to the Security and Comfort of all -manner People) by the Authority of this present Parliament enacted, That -no Person within the City of _London_, nor within Seven Miles of the -same, take upon him to exercise and occupy as a Physician or Surgeon, -except he be first examined, approved, and admitted by the Bishop of -_London_, or by the Dean of _Paul’s_, for the time being, calling to him -or them Four Doctors of Physick, and for Surgery other expert Persons in -that Faculty, and for the first Examination such as they shall think -convenient, and afterward alway Four of them that have been so -appointed, upon the Pain of Forfeiture for every Month that they do -occupy as Physicians or Surgeons, not admitted nor examined after the -Tenour of this Act, of _v. li._ to be imployed the one Half thereof to -the Use of our Sovereign Lord the King, and the other Half to any Person -that will sue for it by Action of Debt, in which no Wager of Law nor -Protection shall be allowed. - -II. And over this, That no Person out of the said City, and Precinct of -Seven Miles of the same, except he have been (as is aforesaid) approved -in the same, take upon him to exercise and occupy as a Physician or -Surgeon, in any Diocese within this Realm, but if he be first examined -and approved by the Bishop of the same Diocese, or, he being out of the -Diocese, by his Vicar General; either of them calling to them such -expert Persons in the said Faculties, as their discretion shall think -convenient, and giving their Letters Testimonials under their Seal to -him that they shall so approve, upon like pain to them that occupy the -contrary to this Act (as is above said) to be levied and imployed after -the Form before expressed. - -III. Provided alway, That this Act, nor any thing therein contained, be -prejudicial to the Universities of _Oxford_ or _Cambridge_, or either of -them, or to any Privileges granted to them. _Memorand._ That ‘Surgeons -be comprised in this Act like as Physicians, for like mischief of -ignorant Persons presuming to exercise Surgery.’ - - - - - STATUTE. - - 5. _Hen._ 8. _c._ 6. - -An Act concerning Surgeons to be discharged of Quests and other things. - - -‘Sheweth unto your discreet Wisdoms, your Humble Orators the Wardens and -Fellowship of the Craft and Mystery of Surgeons enfranchised in the City -of _London_, not passing in number Twelve Persons, that whereas they and -their Predecessors, from the time that no mind is to the contrary, as -well in this noble City of _London_, as in all other Cities and Boroughs -within this Realm or elsewhere, for the continual Service and Attendance -that they daily and nightly, at all Hours and Times, give to the King’s -liege People, for the Relief of the same, according to their Science, -have been exempt and discharged from all Offices and Business wherein -they should use or bear any manner of Armour or Weapon, and with like -Privilege have been intreated as Heralds of Arms, as well in Battles and -Fields, as other places, therefore to stand unharnessed and unweaponed, -according to the Law of Arms, because they be Persons that never used -Feats of War nor ought to use, but only the Business and Exercise of -their Science, to the Help and Comfort of the King’s liege People in the -time of their Need: And in the aforesaid City of _London_, from the time -of their first Incorporation, when they have been many more in number -than they now be, were never called nor charged to be on Quest, Watch, -nor other Office, whereby they should use or occupy any Armour or -defenceable Geer of War, where through they should be unready, and -letted to practice the Cure of Men being in Peril;’ Therefore for that -there be so small Number of the said Fellowship of the Craft and Mystery -of Surgeons, in regard of the great Multitude of Patients that be, and -daily chance, and infortune happeneth and increaseth in the foresaid -City of _London_, and that many of the King’s liege People suddenly -wounded and hurt, for Default of Help in Time to them to be shewed, -perish, and so divers have done, as evidently is known, by occasion that -your said Suppliants have been compelled to attend upon such -Constableship, Watches and Juries, as is aforesaid; be it enacted and -established by the King our Sovereign Lord, and the Lords Spiritual and -Temporal, and by the Commons, in the present Parliament assembled, and -by Authority of the same, That from henceforth your said Suppliants be -discharged, and not chargeable of Constableship, Watch, and of all -manner of Office bearing any Armour, and also of all Inquests and Juries -within the City of _London_: And also that this Act in all things do -extend to all Barber Surgeons admitted and approved to exercise the said -Mystery of Surgeons, according to the Form of the Statute lately made in -that Behalf, so that they exceed not, nor be at one time above the -number of Twelve Persons. - - - - - STATUTE. - - 14 _and_ 15 _Hen._ 8. _c._ 5. - - The Privileges and Authority of Physicians in _London_. - - -‘In the most humble wise shew unto your Highness, your true and faithful -Subjects and liege Men _John Chambre_, _Thomas Linacre_, _Ferdinandus de -Victoria_, your Physicians, and _Nicholas Halsewell_, _John Frances_, -and _Robert Yaxley_, and all other men of the same Faculty within the -City of _London_, and Seven Miles about, that where your Highness (by -your most gracious Letters Patent bearing date at _Westminster_, the -xxiii Day of _September_, in the tenth year of your noble Reign) for the -Commonwealth of this your Realm, in due exercising and practising of the -Faculty of Physick, and the good Ministration of Medicines to be had, -hath incorporate and made of us, and of our Company aforesaid one Body -and Perpetual Commonalty or Fellowship of the Faculty of Physick, and to -have perpetual Succession and common Seal, and to choose yearly a -President of the same Fellowship and Commonalty, to oversee, rule and -govern the said Fellowship and Commonalty, and all men of the same -Faculty, with divers other Liberties and Privileges by your Highness to -be granted for the Common Wealth of this your Realm, as in your said -most gracious Letters Patents more at large is specified and contained, -the Tenour whereof followeth in these Words:— - - - [_The Charter of Incorporation_]. - -“Henricus Dei Gratia Rex Angliæ & Franciæ & Dominus Hiberniæ, omnibus ad -quos præsentes literæ pervenerint salutem. Cum regii officii nostri -munus arbitremur ditionis nostræ hominum fælicitati omni ratione -consulere; id autem vel imprimis fore, si improborum conatibus -tempestive occuramus, apprime necessarium duximus improborum quoque -hominum, qui medicinam magis aviritiæ suæ causa, quam ullius bonæ -conscientiæ fiducia, profitebuntur, unde rudi & credulæ plebi plurima -incommoda oriantur, audaciam compescere: Itaque partim bene institutarum -civitatum in Italia, & aliis multis nationibus, exemplum imitati, partim -gravium virorum doctorum Joannis Chambre, Thomæ Linacre, Ferdinandi de -Victoria, Medicorum nostrorum, Nicholai Halsewel, Joannis Francisci & -Rob Yaxley, medicorum, ac præcipuc reverendissmi in Christo patris, ac -domini, dom Thomæ tituli Sanctæ Ceciliæ trans Tiberim sacrosanctæ Romanæ -ecclesiæ presbyteri cardinalis, Eboracencis archiepiscopi & regni nostri -Angliæ cancellarii clarissimi, precibus inclinati, collegium perpetuum -doctorum & gravium virorum, qui medicinam in urbe nostra Londino & -suburbis, intraque septem millia passuum ab ea urbe quaqua versus -publice exerceant, institui volumus atque imperamus. Quibus tum sui -honoris, tum publicæ utilitatis nomine, curæ (ut speramus) erit, -malitiosorum quorum meminimus inscientiam temeritatemque, tam suo -exemplo gravitateque, suis deterrere, quam per leges nostras nuper -editas, ac per constitutiones per idem collegium condendas, punire. Quæ -quo facilius rite peragi possint, memoratis doctoribus Joan Chambre, -Thomæ Linacre, Ferdinando de Victoria, medicis nostris, Nicholao -Halsewel, Joanni Francisco, et Rob Yaxley, medicis, concessimus, quod -ipsi, omnesque homines ejusdem facultatis de & in civitate prædicta, -sint in re & nomine unum corpus et communitas perpetua sive collogium -perpetuum; & quod eadam communitas sive collegium singulis annis in -perpetuum eligere possint & facere, de communitate illa aliquem providum -virum, & in facultate medicinæ expertum, in præsidentem ejudem collegii -sive communitatis, ad supervidend’ recognoscend’ & gabernand’ pro illo -anno collegium sive communitatem præd’ & omnes homines ejusdem -facultatis & negotia eorundem. Et quod idem præsidens & collegium sive -communitas habeant successionem perpetuam & commune sigillum negotiis -dict’ communitatis & præsidentis in perpetuum serviturum. Et quod ipsi & -successores sui in perpetuum sint personæ habiles & capaces ad -perquirendum & possidendum in feodo & perpetuitate terras & tenementa, -reditus, & alias possessiones quascunque.” - -“Concessimus etiam eis & successoribus suis pro nobis & hæredibus -nostris, quod ipsi et successores sui possint perquirere sibi & -successoribus suis, tam in dicta urbe quam extra, terras et tenementa -quæcunque annuum valorem duodecim librarum non excedent’, Statuto de -Alienatione ad manum mortuum non obstante. Et quod ipsi per nomina -præsidentis & collegii seu communitatis facultatis medicinæ Lond’ -placitari & implaciteri possint coram quibuscunque judicibus in curiis -et actionibus quibuscunque. Et quod præd’ præsidens et collegium sive -communitas, et corum successores, congregationes licitas & honestas de -seipsis, ac stat’ & ordinationes pro salubri qubernatione, supervisu et -correctione collegii seu communitatis præd’ & omnium hominum eandem -facultatem in dicta civitate, seu per septem milliaria in circuitu -ejusdem civitatis exercend’ secundum necessitatis exigentiam, quoties et -quanda opus fuerit, facere valeant licite et impune, sine impedimento -nostri, hæredum, vel successorum nostrorum, justitiariorum, escaetorum, -vicecomitum, & alior’ balivor’ vel ministror’ nostror’ hœred’ vel -successor’ nostror’ quorumcunque. Concessimus etiam eisdem præsidenti & -collegio, seu communitati, et successoribus suis, quod nemo in dicta -civitate aut per septem miliaria in circuitu ejusdem, exerceat dictam -facultatem nisi ad hoc per dict’ præsidentem & communitatem, seu -successores eorum, qui pro tempore fuerint, admissus sit per ejusdem -præsidentis & collegii literas sigillo suo communi sigillatas, sub pœna -centum solidorum pro quolibet mense, quo non admissus eandem facultatem -exercuit, dimidium inde nobis & hœred’ nostris, & dimidium dicto -præsidenti & coll applicandum.” - -“Præterea volumus & concedimus pro nobis et successoribus nostris -(quantum in nobis) est quod per præsidentem & collegium præd’ -communitatis pro tempore existen’ & eorum successores in perpetum, -quatuor singulis annis eligantur, qui habeant supervisum & scrutinium, -correctionem & qubernat’ omnium & singulor’ dictæ civitatis medicorum -utentium facultate medicinæ in eadem civitate, ac aliorum medicorum -forinsecorum quorumcunque facultatem illam medicinæ aliquo modo -frequentantium & utentium infra eandem civitatem & suburbia ejusdem, -sive intra septem miliaria in circuitu ejurd’ civitatis, ac punitionem -eorund’ pro delictis suis in non bene exequendo faciendo, & utendo illa; -nec non supervisum & scrutinium omnimodarum medicinarum & earum -reception’ per dictos medicos, seu aliquem eorum, hujusmodi ligeis -nostris pro eorum infirmitatibus curandis & sanandis, dandis, -imponendis, & utendis, quoties et quando opus fuerit pro commodo & -utilitate eorundem ligeorum nostrorum; ita quod punitio hujusmodi -medicorum utentium dicta facultate medicinæ, sic in præmissis -delinquent’ per fines, amerciamenta, & imprisonamenta corpor’ suor’ & -per alias vias rationab’ & congruas exequatur. - -“Volumus etiam & concedimus pro nobis, hæredibus et successoribus -nostris (quantum in nobis est,) quod nec præsidens, nec aliquis de -collegio præd’ medicorum, nec successores sui, nec eorum aliquis -exercens facultatem illam; quoquo modo in futur’ infra civitatem nostram -præd’ et suburbia ejusdem, seu alibi, summoneantur aut ponantur neque -eorum aliquis summoneatur aut ponatur in aliquibus assisis, juratis, -inquestis, inquisitionibus, attinctis, & aliis recognitionibus infra -dictam civitatam & suburbia ejusdem, imposterum coram majore ac vicecom’ -seu coronatoribus dictæ civitatis nostræ pro tempore existend’ capiendis -aut per aliquem officiarium seu ministrum suum, vel officiarios sive -ministros suos summonned’, licet eædem juratæ, inquisitiones, seu -recognitiones summon’ fuerint super brevi vel brevibus nostris, vel -hœredum nostroum, de recto; sed quod dicti magistrati, sive -qubernatores, ac communitas facultatis antidictæ & successores sui, & -eorum quilibet dictam facultatem exercentes versus nos, hæredes, et -successores nostros, ac versus majorem et vicecomites civitatis nostræ -præd’ pro tempore existen’ & quoscunque officiarios et ministros suos -sint inde quieti, & penitus exonorati in perpetuum per præsentes.” - -“Proviso quod litteræ nostræ, seu aliquid in eis content’ non cedent in -præjudicium civitatis nostræ Lond’ seu libert’ ejusd’ & hoc absque fine -seu feodo pro præmissis, seu sigillat’ præsentium nobis facienda, -solvenda, vel aliqualiter reddenda, aliquo statuto, ordinatione, vel -actu in contrarium ante hoc tempora facto, edito, ordinato, seu proviso -in aliquo non obstante. In cujus rei testimonium has litteras nostras -fieri fecimus patentes. Teste meipso apud Westmonasterium xxiij. die -Sept’ an’ reg’ nostri x.” - - Per ipsum Regem - “Et de data præd’ authoritate Parl. TUNSTALL. - - ------- - -‘And forasmuch that the making of the said Corporation is meritorious, -and very good for the Common Wealth of this your Realm, it is therefore -expedient and necessary to provide, That no Person of the said Politick -Body and Commonalty aforesaid, be suffered to exercise and practice -Physick, but only those Persons that be profound, sad, and discreet, -groundly learned, and deeply studied in Physick. - -‘In consideration whereof, and for the further authorising of the same -Letters Patents, and also enlarging of further Articles for the said -Common Wealth to be had and made:’ Pleaseth it your Highness, with the -assent of your Lords Spiritual and Temporal, and the Commons, in this -present Parliament assembled, to enact, ordain, and establish, That the -said Corporation of the said Commonalty and Fellowship of the Faculty of -Physick aforesaid, and all and every Grant, Article, and other Thing, -contained and specified in the said Letters Patents, be approved, -granted, ratified, and confirmed in the present Parliament, and clearly -authorized and admitted by the same, good, lawful, and available to your -said Body Corporate, and their Successors for ever, in as ample and -large manner as may be taken, thought, and construed by the same; and -that it please your Highness, with the assent of your said Lords -Spiritual and Temporal and the Commons in this your present Parliament -assembled, further to enact, ordain, and establish, That the Six Persons -beforesaid in your said most gracious Letters Patents named as -Principals, and first named of the said Commonalty and Fellowship, -choosing to them Two more of the said Commonalty, from henceforward to -be called and cleaped _Elects_; and that the same Elects yearly choose -One of them to be President of the said Commonalty, and as oft as any of -the Rooms and Places of the same Elects shall fortune to be void, by -Death or otherwise, then the Survivors of the said Elects (within Thirty -or Forty Days next after the Death of them or any of them) shall choose, -name and admit One or mo, as need shall require, of the most cunning and -expert Men, of and in the said Faculty in _London_, to supply the said -Room and Number of Eight Persons; so that he or they that shall be so -chosen, be first by the said Survivors strictly examined after a Form -devised by the said Elects, and also by the same Survivors approved. - -And where that in Dioceses in _England_, out of _London_, it is not -light to find alway Men able sufficiently to examine (after the Statute) -such as shall be admitted to exercise Physick in them, that it may be -enacted in this present Parliament, That no Person from henceforth be -suffered to exercise or practice in Physick through _England_, until -such time as he be examined at _London_, by the said President, and -three of the said Elects; and to have from the said President or Elects, -Letters Testimonials of their approving and Examination, except he be a -Graduate of _Oxford_ or _Cambridge_, which hath accomplished all things -for his Form, without any Grace. - - ------- - - - 32. _Hen._ 8. _c._ 40. - - For Physicians and their Privilege. - -‘In most humble wise sheweth unto your Majesty, your true and faithful -Subjects and liege Men, the President of the Corporation of the -Commonalty and Fellowship of the Science and Faculty of Physick in your -City of _London_, and the Commons and the Fellows of the same, that -whereas divers of them many times having in Cure, as well some of the -Lords of your most honourable Council, and divers Times many of the -Nobility of this Realm, as many other of your faithful and liege People, -cannot give their due Attendance to them, and other their Patients, with -such Diligence as their Duty were, and is to do by reason they be many -Times compelled, as well within the City of _London_ and Suburbs of the -same, as in other Towns and Villages, to keep Watch and Ward, and be -chosen to the Office of Constable, and other Offices within the said -City and Suburbs of the same, as in other Places within this your Realm, -to their great Fatigation and Unquieting, and to the Peril of their -Patients, by reason they cannot be conveniently attended:’ It may -therefore please your most excellent Majesty, with the Assent of your -Lords Spiritual and Temporal, and the Commons, in this present -Parliament assembled, and by Authority of the same, to enact, ordain, -and establish, That the President of the said Commonalty and Fellowship -for the Time being, and the Commons and Fellows of the same, and every -Fellow thereof, that now be, or at any time hereafter shall be, their -Successors, and the Successors of every of them, at all time and times -after the making of this present Act, shall be discharged to keep Watch -or Ward in your said City of _London_, or the Suburbs of the same, or -any Part thereof; and that they or any of them shall not be chosen -Constable, or any other Officer in the said City or Suburbs; and that if -at any time hereafter said President for the time being, or any of the -said Commons or Fellows for the time being, by any Ways or Means be -appointed or elected to any Watch or Ward Office of Constable, or any -other Office, within the said City or Suburbs, the same Appointment or -Election to be utterly void and of none Effect; any Order, Custom, or -Law to the contrary before this Time used in the said City -notwithstanding. - -II. And that it may please your most Royal Majesty, by the Authority -aforesaid, That it may be further enacted, ordained and established, for -the common Wealth and Surety of your loving Subjects of this your Realm, -in and for the Administration of Medicines to such of your said Subjects -as shall have Need of the same, That from henceforth the said President -for the Time being, Commons and Fellows, and their Successors may yearly -at such time as they shall think most meet and convenient for the same, -elect and choose four Persons of the said Commons and Fellows, of the -best learned, wisest and most discreet, such as they shall think -convenient, and have Experience of the said Faculty of Physick, and that -the said four Persons so elected and chosen, after a corporal Oath to -them ministered by the said President or his Deputy, shall and may, by -virtue of this present Act, have full Authority and Power, as often as -they shall think meet and convenient, to enter into the House or Houses -of all and every Apothecary, now or at any time hereafter using the -Mystery or Craft of Apothecary within the said City, only to search, -view and see such Apothecary Wares, Drugs and Stuffs, as the said -Apothecaries or any of them have, or at any time hereafter shall have, -in their House or Houses; and all such Wares, Drugs and Stuffs, as the -said four Persons shall then find defective, corrupted, and not meet nor -convenient to be ministered in any medicines for the Health of Man’s -Body, the same four Persons calling to them the Warden of the said -Mystery of Apothecaries within the said City for that time being, or one -of them, shall cause to be brent or otherwise destroy the same, as they -shall think meet by their discretion; and if the said Apothecaries or -any of them at any time hereafter do obstinately or willingly refuse or -deny the said four Persons yearly elected and chosen, as is before said, -to enter into their said House or Houses for the Causes, Intent and -Purpose before rehearsed; that then they and every of them so offending -contrary to this Act, for every time that he or they do so offend, to -forfeit C. _s._ the one Half to your Majesty and the other Half to him -that will sue for the same by Action of Debt, Bill, Plaint or -Information, in any of the King’s Courts, wherein no Wager of Law, -Essoin or Protection shall be allowed; and if the said four Persons or -any of them so elected and chosen as before is said, do refuse to be -sworn, or after his said Oath to him or them administered, do -obstinately refuse to make the said Search and View once in the Year, or -at such time as they shall think most convenient by their Discretions, -having no lawful impediment by Sickness or otherwise, to the contrary; -that then for every such wilful and obstinate Default, every of the said -four Persons making Default to forfeit forty Shillings. - -III. And forasmuch as the Science of Physic doth comprehend, include and -contain the knowledge of Surgery, as a special Member and Part of the -same, therefore be it enacted, That any of the said Company or -Fellowship of Physicians, being able chosen and admitted by the said -President and Fellowship of Physicians, may from time to time, as well -within the City of _London_, as elsewhere within the Realm, practice and -exercise the said Science of Physic in all and every his Members and -Parts, any Act, Statute, or Provision made to the contrary -notwithstanding. - - - - - STATUTE. - - 32. _Hen._ 8. _c._ 42. - - For Barbers and Surgeons. - - -‘The King our Sovereign Lord, by the advice of the Lords Spiritual and -Temporal and the Commons, in this present Parliament assembled, and by -the Authority of the same, by all their common Assents, duly pondering -among other Things necessary for the Common Wealth of this Realm, that -it is very expedient and needful to provide for Men expert in the -Science of Physick and Surgery, for the Health of Man’s Body, when -Infirmities and Sickness shall happen, for the due Exercise and -Maintenance whereof good and necessary Acts be already made and -provided; yet nevertheless, forasmuch as within the City of _London_, -where Men of great Experience, as well in Speculation as in Practice of -the Science and Faculty of Surgery, be abiding and inhabiting, and have -more commonly the daily Exercise and Experience of the same Science of -Surgery, than is had or used within other Parts of this Realm; and by -occasion thereof many expert Persons be brought up under them as their -Servants, Apprentices and others, who by the Exercise and diligent -Information of their said Masters, as well now as hereafter, shall -exercise the said Science within divers other parts of this Realm, to -the great Relief, Comfort and Succour of much People, and to the sure -Safeguard of their bodily Health, their Limbs and Lives; and forasmuch -as within the said City of _London_, there be now two several and -distinct Companies of Surgeons, occupying and exercising the said -Science and Faculty of Surgery, the one Company being called _The -Barbers of London_, and the other Company called _The Surgeons of -London_, which Company of Barbers be incorporated to sue and be sued by -the Name of Masters or Governors of the Mystery or Commonalty of the -Barbers of _London_, by Virtue and Authority of the Letters Patents -under the Great Seal of the late King of famous Memory, King _Edward_ -the Fourth, dated at Westminster the four and twentieth of _February_, -in the first year of his Reign, which afterward, as well by our now most -dread Sovereign Lord, as by the right noble and virtuous Prince King -_Henry_ the Seventh, Father unto the King’s most excellent Highness now -being, were and be confirmed, as by sundry Letters Patents thereof made, -amongst other things in the same contained, more at large may appear; -and the other Company called the Surgeons, be not incorporate, nor have -any manner of Corporation; which two several and distinct Companies of -Surgeons were necessary to be united, and made one Body incorporate, to -the intent that by their Union and often assembly together, the good and -due Order, Exercise, and Knowlege of the said Science or Faculty of -Surgery should be as well in Speculation as in Practice, both to -themselves, and all other their said Servants and Apprentices, now and -hereafter to be brought up under them, and by their Learnings and -diligent and ripe Informations, more perfect, speedy and effectual -Remedy should be, than it hath been, or should be if the said two -Companies of Barbers and Surgeons should continue severed asunder, and -not joined together, as they before this time have been, and used -themselves not medling together;’ wherefore in consideration of the -Premisses, be it enacted by the King our Sovereign Lord, and by the -Lords Spiritual and Temporal, and by the Commons in this present -Parliament assembled, and by the Authority of the same, That the said -two several and distinct Companies of Surgeons, that is to say, both the -Barbers and the Surgeons and every Person of them, being a Freeman of -either of the said Companies after the Custom of the said City of -_London_, and their Successors from henceforth, immediately be united -and made one entire and whole body corporate and one Commonalty -perpetual, which at all times hereafter shall be called by the name of -_Masters or Governors of the Mystery and Commonalty of Barbers and -Surgeons of London_, for evermore, and by none other name; and by the -same name to implead and be impleaded before all manner of Justices, in -all courts, in all manner of Actions and Suits, and also to purchase, -enjoy, and to take to them and to their Successors, all manner of Lands, -Tenements, Rents, and other Possessions, whatsoever they be; and also -shall have a Common Seal, to serve the business of the said Company and -Corporation for ever, and by the same name peaceably, quietly, and -indefeasably shall have, possess and enjoy to them and to their -Successors for ever all such Lands and Tenements, and other -Hereditaments whatsoever, which the said Company or Commonalty of -Barbers have and enjoy to the Use of the said Mystery and Commonalty of -Barbers of _London_; and also shall peaceably and quietly have and enjoy -all and singular Benefices, Grants, Liberties, Privileges, Franchises -and free Customs, and also all manner of other Things at any time given -or granted unto the said Companies of Barbers or Surgeons by whatsoever -name or names they or any of them were called, and which they or any of -them now have, or any of their Predecessors have had, by Act of -Parliament, Letters Patents, of the King’s Highness, or other his most -noble Progenitors, or otherwise by any lawful means have had at any time -afore this present Act, in as large and ample Manner and Form as they or -any of them have, had, might or should enjoy the same, this Union or -Conjunction of the said Companies together notwithstanding; and as -largely to have and enjoy the Premisses, as if the same were and had -been specially and particularly expressed and declared with the best and -most clearest Words and Terms in the Law, to all Intents and Purposes, -and that all persons of the said Company now incorporate by this present -Act, and their Successors, shall be lawfully admitted and approved to -occupy Surgery, after the form of the Statute in that case ordained and -provided shall be exempt from bearing of Armor, or to be put in any -Watches or Inquests; and that they and their Successors shall have the -Search, Oversight, Punishment, and Correction, as well of Freemen as of -Foreigners for such Offences as they or any of them shall commit or do -against the good Order of Barbery or Surgery, as afore this Time among -the said Mystery and Company of Barbers of _London_ hath been used and -accustomed, according to the good and politick Rules and Ordinances by -them made, and approved by the Lord Chancellor, Treasurer and two chief -Justices of either Bench, or any three of them after the Form of the -Statute in that case ordained and provided. - -II. And further be it enacted by the Authority aforesaid, That the said -Masters or Governors of the Mystery and Commonalty of Barbers and -Surgeons of _London_ and their Successors yearly for ever, after their -said Discretions, at their free Liberty and Pleasure, shall and may have -and take without Contradiction four persons condemned, adjudged, and put -to death for Felony by the due Order of the King’s Laws of this Realm -for Anatomies, without any further Suit or Labour to be made to the -King’s Highness, his Heirs or Successors of the same; and to make -Incision of the same dead bodies, or otherwise to order the same after -their said Discretions at their Pleasures for their further and better -Knowledge, Instruction, Insight, Learning and Experience in the said -Science or Faculty of Surgery; saving unto all Persons their Heirs and -Successors all such Right, Title, Interest and demand which they or any -of them might lawfully claim or have in or to any of the Lands and -Tenements with the Appurtenances belonging unto the said Company of -Barbers and Surgeons, or any of them, at any time afore the making of -this Act, in as ample Manner and Form as they or any of them had or -ought to have had heretofore; any Thing in this present Act comprised to -the contrary hereof in any wise notwithstanding. - -III. And forasmuch as such Persons using the Mystery or Faculty of -Surgery, oftentimes meddle and take unto their Cures and houses such -sick and diseased Persons as been infected with the Pestilence Great -Pox, and such other contagious Infirmities do use or exercise Barbery, -as washing, or shaving or other Feats thereunto belonging which is very -perilous for infecting the King’s liege People resorting to their Shops -and houses there being washed or shaven: Wherefore it is now inacted, -ordained and provided by the Authority aforesaid, That no manner of -Person within the City of _London_, Suburbs of the same and one Mile -Compass of the said City of _London_, after the feast of the Nativity of -our Lord God next coming, using Barbery or Shaving or that hereafter -shall use any Barbery or Shaving within the said City of _London_, -Suburbs or one mile Circuit of the same City of _London_, he nor they -nor none other for them, to his or their Use, shall occupy any Surgery, -letting of blood, or any other thing belonging to Surgery; drawing of -teeth only except. And furthermore in like manner whosoever that useth -the Mystery or Craft of Surgery within the Circuit aforesaid as long as -he shall fortune to use the said Mystery or Craft of Surgery, shall in -no wise occupy nor exercise the Feat or Craft of Barbery or Shaving, -neither by himself, nor by none other for him, to his use or their use: -And moreover, that all manner of Persons using Surgery for the time -being, as well Freemen as Foreigners, Aliens and Strangers within the -said City of _London_, the Suburbs thereof, and one Mile compass of the -said City of London, before the Feast of _St. Michael_, the Archangel -next coming, shall have an open Sign on the Street side where they shall -fortune to dwell, that all the King’s liege People there passing by may -know at all times, whither to resort for Remedies in Time of necessity. - -IV. And further be it enacted by the Authority aforesaid, That no manner -of Person after the said Feast of St. _Michael_ the Archangel next -coming, presume to keep any Shop of Barbery or Shaving within the City -of _London_, except he be a Freeman of the same Corporation and Company. - -V. And furthermore at such Times heretofore accustomed, there shall be -chosen by the same Company four Masters or Governors of the same -Corporation or Company, of the which four, two of them shall be expert -in Surgery, and the other two in Barbery; which four Masters, and every -of them, shall have full Power and Authority from Time to Time, during -their said Office, to have the Oversight, Search, Punishment and -Correction of all such Defaults and Inconveniences as shall be found -among the said Company using Barbery or Surgery, as well of Freemen as -Foreigners, Aliens or Strangers, within the City of _London_ and the -Circuits aforesaid, after their said Discretions; And if any Person or -Persons using any Barbery or Surgery at any Time hereafter offend in any -of these Articles aforesaid, that then for every Month the said Persons -so offending shall lose, forfeit and pay _v. li._ the one Moiety thereof -to the King our Sovereign Lord, and the other Moiety to any Person that -will or shall sue therefore by Action of Debt, Bill, Plaint or -Information in any of the King’s Courts, where no Wager of Law, Essoin -or Protection shall be admitted or allowed in the same. - -VI. Provided that the said Barbers and Surgeons, and every of them, -shall bear and pay Lot and Scot, and such other Charges as they and -their Predecessors have been accustomed to pay within the said City of -_London_; this Act nor any thing therein contained to the contrary -hereof in any wise notwithstanding. - -VII. Provided alway, and be it enacted by Authority aforesaid, That it -shall be lawful to any of the King’s Subjects, not being Barber or -Surgeon, to retain have and keep in his House as his Servant any Person -being a Barber or Surgeon, which shall and may use and exercise those -Arts and Faculties of Barbery or Surgery, or either of them in his -Master’s House, or elsewhere by his Master’s Licence or Commandment; any -Thing in this Act above written to the contrary notwithstanding. - - - 34. 35. _Hen._ 8. _c._ 8. - - A Bill that Persons being no common Surgeons, may minister Medicines, - notwithstanding the Statute. - -‘Where in the Parliament holden at _Westminster_, in the third year of -the King’s most gracious reign, amongst other things, for the avoiding -Sorceries, Witchcraft, and other inconveniencies; it was enacted, That -no Person within the City of _London_, nor within seven miles of the -same, should take upon him to exercise and occupy as Physician or -Surgeon, except he be first examined, approved and admitted by the -Bishop of London, and others, under and upon certain Pains and -Penalties, in the same Act mentioned: since the making of which Act, the -Company and Fellowship of Surgeons of _London_, minding only their own -lucres, and nothing the profit or ease of the Diseased or Patient, have -sued, troubled, and vexed divers honest Persons, as well Men as Women, -whom God hath endued with the knowledge of the nature, kind and -operation of certain herbs, roots and waters, and the using and -ministering of them to such as been pained with customable Diseases, as -Women’s Breasts being Sore, a Pin and the Web in the eye, Uncomes of -Hands, Burnings, Scaldings, Sore Mouths, the Stone, Stranguary, -Saucelim, and Morphew, and such other like Diseases; and yet the said -Persons have not taken any thing for their Pains or Cunning, but have -ministered the same to poor People only, for Neighbourhood and God’s -sake, and of Pity and Charity; and it is well known, that the Surgeons -admitted will do no cure to any Person, but where they shall know to be -rewarded with a greater sum or reward than the cure extendeth unto; for -in case they would minister their cunning unto sore People unrewarded, -there should not so many rot, and perish to Death for lack or help of -Surgery, as daily do; but the greatest part of Surgeons admitted been -much more to be blamed, than those Persons that they trouble.’ - -‘For although the most part of the Persons of the said Craft of -Surgeons, have small cunning, yet they will take great Sums of Money, -and do little therefore; and by reason thereof, they do oftentimes -impair and hurt their Patients, rather than do them good.’ In -consideration whereof, and for the Ease, Comfort, Succour, Help, Relief, -and Health of the King’s poor Subjects, Inhabitants of this Realm, now -pained or diseased, or that hereafter shall be pained or diseased. - -Be it ordained, established, and enacted, by the Authority of this -present Parliament, that at all time from henceforth, it shall be lawful -to every Person being the King’s Subject, having knowledge and -experience of the nature of Herbs, Roots, and Waters, or of the -operation of the same, by Speculation or Practice, within any part of -the Realm of _England_, or within any other of the King’s Dominions, to -practise, use, and minister in and to any outward Sore, Uncome, Wound, -Apostemations, outward Swellings or Disease, any Herb or Herbs, -Ointments, Baths, Pultess, and Emplasters, according to their Cunning, -Experience and Knowledge, in any of the Diseases, Sores, and Maladies -beforesaid, and all other like to the same, or Drinks for the Stone, -Stranguary or Agues, without Suit, Vexation, Trouble, Penalty, or loss -of their Goods; the foresaid Statute in the foresaid third Year of the -King’s Most Gracious Reign, or any other Act, Ordinance, or Statute to -the contrary heretofore made in anywise notwithstanding. - - - 1. _Mary_, _c._ 9. - - An Act touching the Corporation of Physicians in _London_. - -‘Whereas in the Parliament holden at _London_, the fifteenth Day of -_April_, in the fourteenth year of the Reign of our late Sovereign Lord, -King Henry the Eighth, and from thence adjourned to _Westminster_, the -last day of _July_, in the fifteenth year of the Reign of the same king, -and there holden, it was enacted, That a certain Grant of Letters -Patents of Incorporation, made and granted by our said late king to the -Physicians of _London_, and all Clauses and Articles contained in the -same Grant, should be approved, granted, ratified and confirmed by the -same Parliament.’ - -For the consideration thereof, be it enacted, by the Authority of this -present Parliament, That the said Statute or Act of Parliament, with -every Article and Clause therein contained, shall from henceforth stand -and continue in full Strength, Force and Effect; any Act, Statute, Law, -Custom, or any other thing made had or used to the contrary in any wise -notwithstanding. - -III. And for the better Reformation of divers Enormities happening to -the Commonwealth, by the evil using and undue Administration of Physick, -and for the enlarging of further Articles for the better Execution of -the things contained in the said Grant enacted; - -IV. Be it therefore now enacted, That whensoever the President of the -College, or Communalty of the Faculty of Physick of _London_, for the -time being, or such as the said President and College shall yearly, -according to the Tenor and Meaning of the said Act, authorise to search, -examine, correct and punish all Offenders and Transgressors in the said -Faculty, within the same City and Precinct in the said Act expressed, -shall send or commit any such Offender or Offenders for his or their -Offences or Disobedience, contrary to any Article or Clause contained in -the said Grant or Act, to any Ward, Gaol or Prison, within the same City -and Precinct (the Tower of _London_, except) That then from time to -time, the Warden, Gaoler or Keeper, Wardens, Gaolers, or Keepers of the -Wards, Gaols and Prisons within the City or Precinct aforesaid, (except -before excepted) shall receive into his or their Prisons all and every -such Person and Persons so offending, as shall be so sent or committed, -to him or them, as is aforesaid; and there shall safely keep the person -or persons so committed, in any of their Prisons, at the proper Costs -and Charges of the said Person or Persons so committed, without Bail or -Mainprise, until such time as such Offender or Offenders or Disobedient -be discharged of the said Imprisonment by the said President, and such -Persons as by the said College shall be thereto authorised; upon Pain -that all and every such Warden, Gaoler and Keeper, doing the contrary, -shall lose and forfeit double of such Fine and Amerciament as such -Offender and Offenders or Disobedients, shall be assessed to pay, by -such as the said President and College shall authorise as aforesaid, so -that the same Fine and Amerciament be not at any one time above the sum -of xx li. the Moiety thereof to be employed to the use of our Sovereign -Lady the Queen, her Heirs and Successors, the other Moiety unto the said -President and College: all which forfeitures to be recovered by Action -of Debt, Bill, Plaint, or Information, in any of the Queen’s, her Heirs -and Successor’s Courts of Record, against any such Warden, Gaoler or -Keeper so offending; in which Suit no Essoin, Wager of Law, nor -Protection shall be allowed nor admitted for the Defendant. - -V. And further, be it enacted by the Authority aforesaid, for the better -Execution of the Search and view of Poticary Wares, Drugs and -Compositions, according to the Tenor of a Statute made in the xxxii Year -of the Reign of the said late King _Henry_ the Eighth, That it shall be -lawful for the Wardens of the Grocers, or one of them, to go with the -said Physicians in their View and Search, that if the said Warden or -Wardens do refuse his or their coming thereunto, forthwith and -immediately, when the said President or four of his College elect, as -aforesaid, do call upon him or them, that then the said Physicians may -and shall execute that Search and View, and the due Punishment of the -Poticaries for any their evil and faulty Stuff, according to the Statute -last before mentioned, without the Assistance of any of the said -Wardens; any Clause in the aforenamed Statute to the contrary hereof -notwithstanding. And every such Person or Persons as will or shall -resist such Search, shall forfeit for every such resistance Ten Pound; -the same Penalty to be recovered in Form aforesaid, without any of the -delays aforesaid, to be had in suit thereof. - -VI. And further, be it enacted, That all Justices, Mayors, Sheriffs, -Bailiffs, Constables, and other Ministers and Officers, within the City -and Precincts above written, upon Request to them made, shall help and -assist the President of the said College, and all Persons by them from -time to time authorised for the due Execution of the said Acts or -Statutes, upon Pain for not giving of such Aid, Help, and Assistance, to -run in Contempt of the Queen’s Majesty, her Heirs and Successors. - - - 6th & 7th _Will._ 3. _c._ 4. - -An Act for exempting Apothecaries from serving the Offices of Constable, - Scavenger, and other Parish and Ward Offices, and from serving upon - Juries. - -‘Whereas the Act of the Apothecary is of great and general Use and -Benefit, by reason of their constant and necessary Assistance of his -Majesty’s Subjects, which should oblige them solely to attend the Duty -of their Professions; yet by reason that they are compelled to serve -several Parish, Ward, and Leet Offices, in the Places where they live, -and are frequently summoned to serve on Juries and Inquests, which take -up great Part of their Time, they cannot perform the Trusts reposed in -them as they ought, nor attend the Sick with such Diligence as is -required: And whereas, King _JAMES_ the First, by His Letters Patents -under the Great Seal of _England_, did incorporate the Apothecaries -exercising that Art within _London_, and seven Miles Compass, by the -Name of _The Master, Wardens, and Society of the Art and Mystery of the -Apothecaries of the City of London_:’ - -II. Be it therefore enacted, by the King’s most Excellent Majesty, by -and with the Advice and Consent of the Lords Spiritual and Temporal, and -Commons, in this present Parliament assembled, and by the Authority of -the same, That all and every Person and Persons, using and exercising, -or that hereafter shall use and exercise, the Art of an Apothecary -within the said City of _London_, and seven Miles thereof, being Free of -the said Society, and who already have been, or hereafter shall be duly -examined of his Skill in the said Mystery, and shall be approved of for -the same, and every of them, for so long as he or they shall use and -exercise the said Art, and no longer, shall and may at all Times -hereafter be freed and exempted from the several Offices of Constable, -Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet -Offices, and of and from the being put into or serving upon Juries or -Inquests; and if at any Time hereafter any such Person or Persons using -the said Art, and being qualified as aforesaid, shall be chosen or -elected into any of the said Offices, or returned, required, or -appointed to serve in any Jury, Leet, or Inquest, or be disquieted or -disturbed by reason thereof, that then such Person or Persons, producing -a Testimonial under the common Seal of the said Corporation, of such his -Examination, Approbation, and Freedom, to the Person or Persons by whom -he shall be so elected or appointed, or by or before whom he shall be so -summoned, returned, or required to serve or hold any of the said Offices -or Duties, shall be absolutely discharged from the same, and such -Nomination, Election, Return, and Appointment, shall be utterly void, -and of none Effect; any Order, Custom, Law, or Statute, to the contrary -in any wise notwithstanding. - -III. And be it further enacted by the Authority aforesaid, That all -Persons using and exercising, or that hereafter shall use and exercise -the said Art of an Apothecary, within any other Parts of this Kingdom, -Dominion of _Wales_, or Town of _Berwick_ upon _Tweed_, and who have -been brought up and served, or hereafter shall be brought up and serve -in the said Art as an Apprentice, by the Space of seven years, according -to the Statute of the fifth of Queen _ELIZABETH_, shall likewise from -henceforth be freed and exempted from all and singular the Offices and -Duties aforesaid, within the several Counties, Cities, and Places, where -they live and inhabit, for so long as he or they shall use and exercise -the said Art, and no longer; and if any Person or Persons so qualified -shall be elected or chosen into any of the said Offices, or returned to -serve in any Jury, Leet, or Inquest, such Nomination, Election, Return, -and Appointment, shall be void, unless such Person or Persons shall -voluntarily consent and agree to hold such Office, or serve upon such -Jury, Leet, or Inquest. Provided always, That nothing herein contained -shall be construed to exempt or excuse any Apothecary that is or shall, -before the commencement of this Act, be elected or appointed to Serve -any of the said Offices, from serving in the said Offices for the usual -Time, for which he was so elected and appointed. Provided always, That -this Act shall continue for the Space of seven Years, and from thence to -the End of the next Session of Parliament, and no longer. - - _Continued by_ 1 Ann. st. 1. c. 11. - - _Made perpetual by_ 9 Geo. 1. c. 8. § 1. - - - 10. _Geo._ 1. _c._ 20. - -An Act for the better viewing, searching and examining of all Drugs, -Medicines, Waters, Oils, Compositions, used or to be used for Medicines -in all places where the same shall be exposed to sale or kept for that -Purpose, within the City of _London_ and Suburbs thereof, or within -seven Miles Circuit of the said City. - - [_This Act has expired._] - - ------- - - - 18. _Geo._ 2. _c._ 15. - - An Act for making the Surgeons of _London_ and the Barbers of _London_ - two separate and distinct Corporations. - -‘Whereas in and by certain Letters Patent, under the Great Seal of -_England_, bearing Date the twenty-fourth Day of _February_ in the first -Year of the Reign of his then Majesty King Edward the Fourth, after -reciting, That the Freemen of the Mystery of Barbers of the City of -_London_, using the Mystery or Faculty of Surgery, had for a long Time, -exercised and sustained, and still continued to exercise and sustain -great Application and Labour, as well about the curing and healing -Wounds, Blows and other Infirmities, as in the letting of Blood, and -drawing of Teeth; and that by the Ignorance and Unskilfulness of some of -the said Barbers, as well Freemen of the said City as of others, being -foreign Surgeons, many misfortunes had happened to divers People, by the -Unskilfulness of such Barbers and Surgeons, in healing and curing -Wounds, Blows, Hurts and other Infirmities; and that it was to be -feared, that the like or worse Evils might thereafter ensue, unless a -suitable Remedy was speedily provided in the Premisses; his said then -Majesty did therefore, at the Supplication of the Freemen of the said -Mystery of Barbers, in the said City of _London_, grant to them, amongst -other Things, that the said Mystery, and all the Men of the said Mystery -of the said City, should be one Body, and one perpetual Community; and -that two Principals of the same Commonalty, of the most expert Men in -the Mystery of Surgery, might with the Assent of twelve, or eight -Persons at the least, of the same Community, every Year elect and make -out of the Community two Masters or Governors, being the most expert in -the Mystery of Surgery, to oversee, rule and govern the Mystery and -Commonalty aforesaid, and all Men of the same Mystery and the Affairs of -the same; and that the aforesaid Masters or Governors, and Commonalty, -and their Successors, might make Statutes and Ordinances for the -Government of the said Mysteries; and that the Masters or Governors for -the Time being, and their Successors, should have the Survey, Search, -Correction and Government of all the Freemen of the said City, being -Surgeons, using the Mystery of Barbers in the same City, and of other -Surgeons whatsoever, being Foreigners, practising and using the Mystery -of Surgery, within the same City and Suburbs of the same, and the -Punishment of them, as well Freemen as Foreigners, for their Offences in -not perfectly executing, performing and using that Mystery; and should -also have the Survey and Search of all Manner of Instruments, Plaisters -and other Medicines, and the Receipts to be given, applied and used by -the said Barbers and Surgeons, for the curing and healing of Sores, -Wounds, Hurts and such like Infirmities; and that no Barber using the -said Mystery of Surgery, within the said City, or Suburbs thereof, or -other foreign Surgeon whatsoever, should be in any Manner thereafter -admitted to execute, perform and exercise the same Mystery of Surgery, -unless he had first been approved of, as well instructed in that -Mystery, by the said Masters or Governors, or their Successors, -sufficiently qualified in that Behalf; and his said Majesty did further -grant, that the said Masters or Governors of the Commonalty of the said -Mystery of Barbers, and their Successors, nor any of them, should in any -Manner thereafter be summoned or put upon any Assizes, Juries, Inquests, -Inquisitions, Attaints or other Recognizances, to be taken within the -said City and Suburbs thereof, before the Mayor or Sheriffs, or Coroners -of the same City for the Time being, or summoned by any of his Officer -or Officers, Minister or Ministers, although such Juries, Inquisitions, -or Recognizances, should be summoned upon a Writ or Writs of Right; but -that the said Masters or Governors, and Commonalty of the aforesaid -Mystery, and their Successors, and every of them, should be thereof -acquitted, and wholly discharged for ever; and his said then Majesty -thereby further granted unto the aforesaid Masters or Governors, and -Commonalty of the said Mystery of Barbers, and to their Successors the -following Liberty; to wit, That they at all Times thereafter should and -might admit Persons able and sufficiently learned and instructed in the -said Mystery of Surgery, and by them approved of in Form, and presented -to the Mayor of the said City for the Time being, and no other Persons, -or in any other Manner, into the said Mystery of Barber Surgeons, and -Liberty of the said City: And whereas by an Act of Parliament made and -passed in the thirty-second Year of the Reign of the late King Henry the -Eighth, intituled, _For Barbers and Surgeons_, after taking Notice that -it was very expedient and needful to provide for Men expert in the -Science of Physick and Surgery for the Health of Man’s Body, when -Infirmities and Sickness should happen; for the due Exercise and -Maintenance whereof, good and necessary Acts had theretofore been made -and provided, and that within the City of _London_, Men of great -Experience, as well in Speculation as in Practice of the Science and -Faculty of Surgery, were abiding and inhabiting, and had more commonly -the daily Exercise and Experience of the same Science of Surgery than -was had and used within any Parts of the Realm; and by Occasion thereof, -many expert Persons were brought up under them as their Servants, -Apprentices and others, who by the Exercise and diligent Information of -their Masters, might exercise the said Science within divers other Parts -of the Realm; to the great Relief, Comfort and Succour of much People, -and to the Safeguard of their bodily Health, Limbs and Lives; and -reciting, That within the said City of _London_ there were then two -several and distinct Companies of Surgeons occupying and exercising the -Science and Faculty of Surgery, the one Company being commonly called -_The Barbers of_ London, and the other Company called _The Surgeons of_ -London; and that the said Company of Barbers were incorporated to sue -and be sued by the Name of _Masters or Governors of the Mystery or -Commonalty of the Barbers of_ London, by Letters Patent under the Great -Seal of King Edward the Fourth, dated the twenty-fourth Day of -_February_ in the first Year of his Reign, and which were confirmed by -several subsequent Letters Patents in the said Act mentioned and -referred to; and that the other Company, called _The Surgeons_, had not -any Manner of Corporation; and that the said two several and distinct -Companies of Surgeons were necessary to be united and made one Body -Corporate, to the Intent that by their Union and often Assembly -together, the good and due Order, Exercise and Knowledge in the said -Science or Faculty of Surgery, should be, as well in Speculation as in -Practice, both to themselves and their Servants and Apprentices, and by -their Learning and diligent and ripe Informations, more perfect, speedy -and effectual; it was therefore enacted, That the said two several and -distinct Companies of Surgeons, that is to say, both the Barbers and the -Surgeons, and every Person of them, being a Freeman of either of the -said Companies, after the Custom of the said City of _London_, and their -Successors, should from thenceforth be immediately united and made one -entire and whole Body Corporate, and one Commonalty perpetual, which at -all Times thereafter should be called by the Name of _Masters or -Governors of the Mystery or Commonalty of Barbers and Surgeons of_ -London, and by the same Name to implead and be impleaded before all -Manner of Justices in all Courts, in all Manner of Actions and Suits; -and also to purchase, enjoy, and take to them and their Successors, -Lands, Tenements, Rents and other Possessions whatsoever: And it was -also thereby enacted, That they should have a Common Seal to serve for -the Business of the said Company and Corporation; and that they should -by the same Name, peaceably, quietly and indefeazibly, have, possess, -and enjoy, to them and their Successors for ever, all such Lands and -Tenements, and other Hereditaments whatsoever, which the said Company or -Commonalty of Barbers then had and enjoyed, to the Use of the said -Mystery and Commonalty of Barbers of _London_; and should also peaceably -and quietly have and enjoy all and singular Benefits, Grants, Liberties, -Privileges, Franchises and Free Customs, and also all Manner of other -Things at any Time given or granted unto the said Companies of Barbers -or Surgeons, by whatsoever Name or Names they or any of them were -called, or which they or any of them, or any of their Predecessors, then -or theretofore had by Acts of Parliament, Letters Patents or otherwise, -by any lawful Means at any Time before the said Act, in as large and -ample Manner and Form, as they or any of them, had, might or should -enjoy the same, notwithstanding the said Union or Conjunction of the -said Companies, and as if the same were and had been specially and -particularly expressed and declared, with the best and most clearest -Words and Terms of Law, to all Intents and Purposes: And it was thereby -also enacted, That all Persons of the said Company incorporated by the -said Act, and their Successors, that should be lawfully admitted and -approved to occupy Surgery after the Form of the Statute in that case -made and provided, should be exempt from bearing of Armour, or to be put -in any Watches or Inquests; and that they and their Successors, should -have the Search, Oversight, Punishment and Correction, as well of -Freemen as of Foreign, for such Offences as they or any of them, should -commit against the good Order of Barbery and Surgery, as theretofore -among the said Company of Barbers of _London_ had been used and -accustomed, according to the Rules and Ordinances by them made and -approved of, pursuant to the Statute in that Behalf ordained and -provided: And it was thereby further enacted, That no Person within the -City of _London_, Suburbs of the same, and one Mile Compass of the said -City, using any Barbery or Shaving, should occupy any Surgery, letting -of Blood, or any other Thing belonging to Surgery, except Drawing of -Teeth only: and that whosoever should use the Mystery or Craft of -Surgery within the Circuit aforesaid, should, as long as he should use -the said Mystery or Craft, in no wise occupy or exercise the Feat or -Craft of Barbery or Shaving: And whereas in and by certain Letters -Patents under the Great Seal of _England_, bearing Date the fifteenth -Day of _August_ in the fifth Year of the Reign of his late Majesty King -Charles the First, reciting the said Act of Parliament of the -thirty-second Year of the Reign of King Henry the Eighth; and that the -Men of the same Societies, as well from the Time of their said Union and -Incorporation as before, respectively had, held, used and enjoyed divers -Liberties, Franchises, Immunities, Customs and Preheminences, within the -City of _London_, the Suburbs and Liberties thereof, and certain -Villages, and Places thereto adjacent, as well on account of the said -Act of Parliament, and other Acts of Parliament, as by virtue and on -account of divers Charters and Letters Patents made and granted by the -late King James the First, and other Kings and Queens of _England_, his -said Majesty King Charles the First did thereby grant, ratify and -confirm unto the said Masters and Governors of the Mystery and -Commonalty aforesaid, and their Successors, all and singular the Manors, -Messuages, Lands, Tenements, Customs, Liberties, Franchises, Immunities, -Jurisdictions and Hereditaments whatsoever, as well within the City of -_London_, the Liberties and Suburbs thereof, as within the Liberties and -Precincts therein after mentioned, which the Men of the aforesaid -Societies of Barbers and Surgeons, or either of them, then lawfully had, -held, used and enjoyed, by reason of any Letters Patents of any the -former Kings and Queens of _England_, or by Colour of any lawful -Prescription, Use, or Custom, or by any other lawful Means, Rights or -Title theretofore had, used or accustomed: And his said late Majesty -King Charles the First did thereby give Power to the said Company and -Corporation to make Bye-laws for the good Order and Government of the -said Society, in such Manner, and under such Restrictions, as is therein -mentioned; and to make annual Elections of Masters or Governors of the -said Commonalty, whereof two to be Professors in the Art and Science of -Surgery; and also to elect and constitute ten of the Freemen of that -Society to be Examiners of the Surgeons of _London_, during their Lives: -And it was thereby further granted, That no Person or Persons -whatsoever, whether a Freeman of the said Society, or a Foreigner, or a -Native of _England_, or an Alien, should use or exercise the said Art or -Science of Surgery within the said Cities of _London_ and _Westminster_, -or either of them, or within the Distance of seven Miles of the said -City of _London_, for his or their private Lucre or Profit, (except such -Physicians as are therein mentioned) unless the said Person or Persons -were first tried and examined in the Presence of two or more of the -Masters or Governors of the Mystery and Commonalty aforesaid for the -Time being, by four or more of the said Examiners so to be elected and -constituted as aforesaid, and by the publick Letters Testimonial of the -same Masters or Governors under their Common Seal approved of, and -admitted to exercise the said Art Or Science of Surgery, according to -the Laws and Statutes of the Kingdom of _England_, under the Penalty in -the said Letters Patents mentioned; and that all and every of the said -Freemen and Surgeons so examined, approved of, and admitted as -aforesaid, might lawfully use and exercise the same Art and Science of -Surgery, as well within the Cities of _London_ and _Westminster_, the -Liberties and Suburbs thereof, as in any other Cities, Towns, Boroughs -and Places whatsoever of the Kingdom of _England_: And it was thereby -further granted and provided, That the said Masters and Governors of the -Mystery and Commonalty aforesaid, and their Successors, might appoint -and have a publick Lecture for the Art and Science of Surgery in their -common Hall, or other convenient Place, every Week or otherwise, at the -Discretion of the said Masters or Governors and their Assistants, or the -major Part of them for the Time being, to be held for the better -Instruction and Information in the Principles and Rudiments of the Art -and Science of Chirurgery of all and singular as well Freemen as -Foreigners, whether native Subjects of _England_ or Aliens, to be -entered and admitted as is therein mentioned: And it was thereby also -constituted and ordained, That no one, whether a Freeman of the Mystery -or Commonalty aforesaid, or a Foreigner, whether a Native of _England_, -or an Alien, exercising the Art of Surgery within the Cities of _London_ -and _Westminster_, or the Suburbs or Liberties thereof, or within seven -Miles of the said City of _London_, should go out from the Port of -_London_, or send out any Apprentice, Servant or other Person -whomsoever, from the same Port, to execute or undertake the Place or -Office of a Surgeon for any Ship, whether in the Service of the Crown, -or of any Merchant or others, unless they and their Medicines, -Instruments and Chests respectively, were first examined, inspected and -allowed by two such Masters or Governors of the Mystery and Commonalty -aforesaid for the Time being, as were skilled, knowing and Professors in -the same Art of Surgery, under the Penalty therein mentioned: And -whereas, since the said Act for Incorporation of the said two Companies, -those of the said Company practising Surgery, have from their sole and -constant Study of and Application to the said Science, rendered the -Profession and Practice thereof of great Benefit to this Kingdom: And -whereas the Barbers belonging to the said Corporation are now, and for -many Years have been engaged and employed in a Business foreign to, and -independent of the Practice of Surgery; and the Surgeons belonging to -the same Corporation being now become a numerous and considerable Body, -and finding their Union with the Barbers inconvenient in many Respects, -and in no Degree conducive to the Progress or Improvement of the Art of -Surgery; and that a Separation of the Corporation of Barbers and -Surgeons, and making two Corporations of the present united Company of -Barbers and Surgeons, will contribute much to the Improvement of -Surgery, and thereby become a Matter of publick Utility, are therefore -desirous that the Surgeons being Freemen of the said Company, may be -made a Corporation separate and distinct from and Independent of the -Barbers of and belonging to the said Company;’ May it therefore please -your most Excellent Majesty that it may be enacted; and be it enacted by -the King’s most Excellent Majesty, by and with the Advice and Consent of -the Lords Spiritual and Temporal, and Commons, in this present -Parliament assembled, and by the Authority of the same, That the said -Union and Incorporation of the Barbers and Surgeons of _London_, made -and effected by the said recital Act of the thirty-second Year of King -Henry the Eighth, shall from and after the twenty-fourth Day of _June_ -one thousand seven hundred and forty-five, be, and the same is hereby -dissolved, vacated and declared to be void and of no Effect, and that -such of the Members of the said united Company or Corporation, who are -Freemen of the said Company, and admitted and approved Surgeons within -the Rules of the said Company and Corporation, and their Successors, -shall from thenceforth be made, and they are hereby made and constituted -a separate and distinct Body Corporate, and Commonalty perpetual, which, -at all Times thereafter, shall be called by the Name of _Masters, -Governors and Commonalty of the Art and Science of Surgeons of_ London; -and by the same Name, shall and may implead and be impleaded before all -Manner of Justices in all Courts and in all Manner of Actions and Suits, -and purchase, enjoy and take to them, and their Successors, any Lands, -Tenements, Rents or Hereditaments, not exceeding the yearly Rent or -Value of two hundred Pounds in the whole, without incurring any of the -Penalties or Forfeitures of the Statutes of Mortmain. - -II. And it is hereby further enacted by the Authority aforesaid, That it -shall and may be lawful to and for the said Company or Corporation -herein before established and incorporated, from time to time, in the -Manner herein after mentioned, to elect, choose, and appoint one -principal Master or Governor, two other Governors or Wardens, ten -Examiners of Surgeons, and twenty-one Persons to be the Court of -Assistants of the said Company or Corporation, to be respectively -qualified and admitted in such Manner, and to continue in the said -Offices respectively, for such Time and Times respectively, as by the -By-laws, Rules, Ordinances, and Constitutions of the said Company or -Corporation, shall be, from time to time, ordered, directed, provided -and appointed. - -III. And it is hereby further enacted, That it shall and may be lawful -to and for the Master and Governors of the said Company or Corporation -for the Time being, or any two of them, with nine or more of the Members -of the said Court of Assistants of the same Company for the Time being, -when and as often as to two of the said Master and Governors shall seem -meet, to hold Courts and Assemblies, in order to treat and consult about -and concerning the Rule, Order, State, and Government of the said -Company or Corporation herein before established and incorporated as -aforesaid; and also that it shall and may be lawful to and for the said -Master and Governors and Court of Assistants so assembled, or the major -Part of them, to make, ordain, constitute, establish, ratify, confirm, -annul, revoke, or abrogate, from time to time, such By-laws, Ordinances, -Rules, and Constitutions, as to them shall seem requisite, profitable, -and convenient for the Regulation, Government, and Advantage of the said -Company or Corporation; so as such By-laws, Ordinances, Rules, and -Constitutions be examined, approved of, and allowed, as by the Laws and -Statutes of this Realm is provided and required. - -IV. Provided always, and it is hereby enacted and declared, That the -several By-laws, Ordinances, Rules, and Constitutions, made and -established for the Regulation and Government of the said United Company -or Corporation, so far as the same relate to, or concern the Art and -Science of Surgery only, and which, on the twenty-third day of _June_ -one thousand seven hundred and forty-five, shall be subsisting, and in -Force, and shall not be repealed, annulled, or abrogated by virtue of -this present Act, shall continue and be in Force; and shall be -exercised, observed, and executed by the said Company of Surgeons -established and incorporated by this Act, until such Time and Times -respectively as the same By-laws, Ordinances, Rules, and Constitutions -shall respectively be repealed, annulled, and made void, by virtue and -under the Authority of this present Act. - -V. Provided also, and it is hereby further enacted and declared, That -_John Ranby_ Esquire, Principal Serjeant Surgeon to his Majesty, shall -be, and he is hereby constituted and appointed Principal Master or -Governor; and that Master _Joseph Sandford_ and _William Cheselden_ -Esquire, two of the present Wardens of the said United Company shall be, -and they are hereby constituted and appointed, the two other Governors -or Wardens of the Company of Surgeons made, established, and -incorporated by this Act; and that they shall continue in, and hold, -enjoy and exercise the said Offices respectively from the said -twenty-fourth Day of _June_, until others shall be elected and appointed -to the said Offices respectively, as herein after is mentioned: And also -that _Ambrose Dickins_ Esquire, Principal Serjeant Surgeon to his -Majesty, _William Petty_ Esquire, _John Shipton_ Esquire, the said -_William Cheselden_, _John Freke_, _William Pyle_, _Legard Sparham_, -_James Hickes_, and _Peter Sainthill_, who are the present Examiners of -Surgeons, together with the said _John Ranby_, shall be, and they are -hereby constituted and appointed Examiners of Surgeons for the said -Company of Surgeons made, established, and incorporated by this Act; and -that they shall respectively continue in, and hold, enjoy, and exercise -the said Office of Examiners for and during their natural Lives -respectively, or until they shall be respectively removed out of the -said Office, pursuant, and according to the By-laws, Rules, and -Constitutions of the said Company of Surgeons, established and -incorporated by this Act; And also that the said _John Ranby_, _Joseph -Sandford_, _William Cheselden_, _Ambrose Dickins_, _William Petty_, and -_John Shipton_, _John Hayward_, the said _John Freke_, _William Pyle_, -_Legard Sparham_, _James Hickes_, and _Peter Sainthill_, _Noah Roul_, -_John Westbrook_, _William Singleton_, and _James Phillips_, and such -five other Persons as shall hereafter be elected and appointed for that -Purpose, in pursuance of this Act, and as is herein after mentioned, -shall be, and they are hereby constituted and appointed the Court of -Assistants of the Company of Surgeons made, established and incorporated -by this Act; and that they shall continue in, and hold, enjoy, and -exercise the said Office during their natural Lives respectively, or -until they shall respectively be removed out of the said Office, -pursuant and according to the By-laws, Rules, and Constitutions of the -same Company. - -VI. And it is hereby further enacted, That it shall and may be lawful to -and for the said _John Ranby_, _Joseph Sandford_, _William Cheselden_, -_Ambrose Dickins_, _William Petty_, _John Shipton_, _John Hayward_, -_John Freke_, _William Pyle_, _Legard Sparham_, _James Hickes_, _Peter -Sainthill_, _Noah Roul_, _John Westbrook_, _William Singleton_, and -_James Phillips_, to meet at or in such Place as the said _John Ranby_, -_Joseph Sandford_, and _William Cheselden_, or any two of them, shall -appoint, on the first Day of _July_ one thousand seven hundred and -forty-five, between the Hours of ten and two of the Clock of the same -Day; and then and there to elect, choose, and appoint, out of the -Freemen of the said Company or Corporation of Surgeons established and -incorporated by this Act, by the Majority of Votes of such of the said -sixteen Persons herein before appointed to be of the Court of -Assistants, who shall be present at such Meeting, so many other Persons -to be of the Court of Assistants of the same Company or Corporation, as -will make the Number twenty-one, to continue in the said Office for and -during their natural Lives respectively, or until they shall be -respectively removed out of the said Office. - -VII. And it is further enacted, That the Master, Governors, and Court of -Assistants for the Time being, of the said Company of Surgeons made; -established, and incorporated by this Act, shall, upon the first -_Thursday_ in the Month of _July_ in the Year one thousand seven hundred -and forty-six; and on the first _Thursday_ in the Month of _July_ in -every succeeding Year, meet at such Place as the Master and Governors of -the same Company for the Time being, or any two of them shall appoint; -and then and there elect, choose, and appoint, out of their Body, by the -Majority of Votes of such of the said Master, Governors, and Court of -Assistants, who shall be then present, one Person to be Principal Master -or Governor, and two other Persons to be Governors or Wardens of the -said Company or Corporation of Surgeons, established and incorporated by -this Act, for the then succeeding Year; and then and there also, in like -manner, elect, choose, and appoint, out of their own Body, such other -Person or Persons, to be Examiner or Examiners of Surgeons, for the same -Company, in the Place or Stead of such Examiner or Examiners, as shall -have happened to die, or have been removed from the said Office of -Examiner, in the then next preceding Year; and also in like manner, -elect, choose, and appoint, out of the Freemen of the said Company or -Corporation of Surgeons established and incorporated by this Act, such -Person or Persons to be of the Court of Assistants of the same Company -or Corporation, in the Place and Stead of such Person or Persons who -shall have happened to die in, or have been removed from, the said -Office of Court of Assistants, in the then next preceding Year. - -VIII. And it is hereby further enacted, That the said Company of -Surgeons made, established, and incorporated by this Act, and their -Successors, and all Persons who shall be Freemen of the same Company or -Corporation, shall and may, from time to time, and at all Times for ever -hereafter, have, hold, and enjoy all and every such and the same -Liberties, Privileges, Franchises, Powers, and Authorities, as the -Members of the said United Company or Corporation, being Freemen of the -said Company, and admitted and approved Surgeons, within the Rules of -the said Company and Corporation, could or might respectively have had, -held, and enjoyed, by virtue of the said recited Act of Union or -Incorporation, and the said Letters Patent of his said late Majesty King -Charles the First respectively, and other the Royal Grants, Charters, -and Patents, therein mentioned and referred to, so far as the same -relate to the Art or Science of Surgery only, and not otherwise; and -that in as full, ample, and beneficial Manner, to all Intents and -Purposes, as if the same had in and by this present Act been expressly -repeated and re-enacted; and that they, and all such who already have -been, or hereafter shall be, examined and approved, pursuant to the -Rules of the said Company, shall be entitled to practice freely, and -without Restraint, the Art and Science of Surgery, throughout all and -every his Majesty’s Dominions; any Law or Custom to the contrary -notwithstanding. - -IX. And it is hereby further enacted, That from and after the said first -Day of _July_ one thousand seven hundred and forty-five, the Examiners -of the Company of Surgeons established by this Act shall, and they are -hereby required, from time to time, upon Request to them made, to -examine every Person who shall be a Candidate to be appointed to serve -as a Surgeon, a Surgeon’s Mate, of any Regiment, Troop, Company, -Hospital, or Garrison of Soldiers in the Service of his Majesty, his -Heirs, or Successors, in like Manner as they do or shall examine any -Surgeon or Surgeons to be appointed to serve on Board any Ship or Vessel -in the Service of his Majesty, his Heirs or Successors. - -X. And it is hereby further enacted by the Authority aforesaid, That all -and every Person and Persons, being Freemen of the said Company and -Corporation of Surgeons established and incorporated by this Act, and -who already have been, or hereafter shall be, examined and approved -pursuant to the Rules and Orders of the said Company, and every of them, -for so long Time as he and they shall use and exercise the said Art or -Science of Surgery, and no longer, shall and may, at all Times -hereafter, be freed and exempted from the several Offices of Constable, -Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet -Offices, and of and from the being put into or serving upon any Jury or -Inquest: And if at any Time hereafter any such Person or Persons, using -and Practising the said Art or Science of Surgery, and being qualified -as aforesaid, shall be chosen and elected into any of the said Offices, -or returned, required, or appointed to serve on any Jury, Leet, or -Inquest, or be disquieted or disturbed by reason thereof; that then such -Person or Persons, producing a Testimonial, under the Common Seal of the -said Corporation, of such his Examination, Approbation, and Freedom, to -the Person or Persons by whom he shall be so elected or appointed, or by -or before whom he shall be summoned, returned, or required to serve or -hold any of the said Offices or Duties, shall be absolutely discharged -from the same; and such Nomination, Election, Return, and Appointment, -shall be utterly void, and of no Effect; any Order, Custom, Law, or -Statute to the contrary in any wise notwithstanding. - -XI. Provided always, and be it hereby enacted by the Authority -aforesaid, That this Act, or any Thing therein contained, shall not -extend, or be construed or taken to prejudice, abridge, or infringe any -of the Privileges, Authorities, Powers, Rights, Liberties, or Franchises -heretofore granted by any Act or Acts of Parliament, or by any Letters -Patents, Charters or Charter of any of his Majesty’s Royal Predecessors, -Kings or Queens of _England_, to the President and College, or -Commonalty of the Faculty of Physick in _London_. - -XII. And it is hereby further enacted by the Authority aforesaid, That -such of the Members of the said United Company or Corporation, who are -Freemen of the said Company, and are not admitted or approved Surgeons, -and their Successors, shall, from and after the said twenty-fourth Day -of _June_ one thousand seven hundred and forty-five, be, and they are -hereby made and constituted, a Body Corporate, and Commonalty Perpetual, -which, at all Times hereafter shall be called by the Name of _The -Master, Governors, and Commonalty of the Mystery of Barbers of_ London; -and by the same Name shall plead and be impleaded before all manner of -Justices, in all Courts, and in all manner of Actions and Suits; and -also purchase, enjoy, and take to them, and their Successors, any Lands, -Tenements, Rents, or Hereditaments, not exceeding the yearly Rent or -Value of two hundred Pounds in the whole, without incurring any of the -Penalties or Forfeitures of the Statute of Mortmain. - -XIII. And it is hereby further enacted by the Authority aforesaid, That -Master _Jonathan Medley_, the present first Master or Governor of the -said United Company or Corporation, and Master _Humphrey Negus_, the -present third Master or Governor of the said United Company, and such -two other Persons as shall hereafter be elected and appointed for that -purpose in pursuance of this Act, and as is herein after mentioned, -shall be and they are hereby respectively established and confirmed the -Master and Governors of the Company or Corporation of Barbers of -_London_, established and incorporated by this Act; and shall continue -in, and hold, exercise and enjoy the said Offices respectively, until -others shall be chosen, elected and appointed in and to the same Offices -respectively, pursuant and according to the By-laws, Rules, Orders and -Constitutions of the same Company; and also that the said _Jonathan -Medley_, _Humphrey Negus_, and _William Parker_, _Luke Maurice_, _John -Barnwell_, _John Truelove_, _William Haddon_, _John Negus_, _Edward -Boxley_, _Samuel Rutter_, _Robert Scrooby_, _Richard Swithin_, _Edward -Colebeck_, _Togarmah Jones_, and _John Guerney_, being fifteen of the -present Court of Assistants of the said United Company, and such nine -other Persons as shall hereafter be elected and appointed for that -Purpose in pursuance of this Act, and as is herein after mentioned, -shall be and they are hereby constituted and appointed the Court of -Assistants of the Company of Barbers, made, established, and -incorporated by this Act; and shall continue in, and hold, enjoy and -exercise the said Office during their natural Lives respectively, or -until they shall be respectively removed out of the said Office, -pursuant and according to the said By-laws, Rules, Ordinances and -Constitutions of the said Company of Barbers of _London_. - -XIV. And it is hereby further enacted, That it shall and may be lawful -to and for the said _Jonathan Medley_, _Humphrey Negus_, _William -Parker_, _Luke Maurice_, _John Barnwell_, _John Truelove_, _William -Haddon_, _John Negus_, _Edward Boxley_, _Samuel Rutter_, _Robert -Scrooby_, _Richard Swithin_, _Edward Colebeck_, _Togarmah Jones_, and -_John Guerney_, or the major Part of them, to meet at or in the Hall now -belonging to the said United Company, situate in _Monkwell-street_ in -the City of _London_, on the twenty-fifth Day of _June_ one thousand -seven hundred and forty-five, between the Hours of Nine in the Morning -and One in the Afternoon of the same Day, and then and there to elect, -choose and appoint out of the Freedom of the said Company or Corporation -of the Barbers of _London_, established and incorporated by this Act, by -the Majority of the Votes of such of the said fifteen Persons last -mentioned, who shall be present at such Meeting, so many other Persons -to be of the said Court of Assistants of the said Company or Corporation -of the Barbers of _London_, as will make the Number twenty-four, to -continue in the said Office respectively for and during their natural -Lives, or until they shall be respectively removed out of the said -Office; and also that immediately after such Court of Assistants shall -be made up the said Number of twenty-four Persons, the said Court of -Assistants shall then and there, by the Majority of Votes of such of the -said Court of Assistants as shall be then present, elect, choose and -appoint from among themselves, two Persons, to be the third and fourth -Governors of the said Company or Corporation of the Barbers of _London_, -to continue in, hold, exercise and enjoy the said Offices respectively -as aforesaid. - -XV. And it is hereby further enacted, That it shall and may be lawful -for the Master and Governors for the Time being of the said Company or -Corporation of Barbers, or any two or more of them, with eleven or more -of the Members of the said Court of Assistants for the Time being, when -and as often as to two or more of the said Master and Governors shall -seem meet, to hold Courts or Assemblies at or in the Hall of the said -Company for the Time being, in order to treat and consult about the -Rule, State, Order and Government of the said Company or Corporation of -Barbers; and also that it shall and may be lawful to and for the said -Master and Governors, and Court of Assistants so assembled, or the major -Part of them, to make, constitute, ordain, establish, ratify and confirm -all or any such By-laws, Ordinances, Rules and Constitutions, as to them -shall seem requisite, proper or convenient for the Regulation, -Government, Profit or Advantage of the said Company or Corporation of -the Barbers of _London_, and the Members thereof, and the same, from -time to time, to alter or repeal; so as the By-laws, Ordinances, Rules -and Constitutions so to be made and established, shall be examined, -approved and allowed, as by the Laws and Statutes of this Realm is -provided and required. - -XVI. Provided always, and it is hereby enacted and declared, That the -several By-laws, Ordinances, Rules and Constitutions, made and -established for the Regulation and Government of the said United Company -or Corporation, so far as the same do not relate to or concern the Art -or Science of Surgery, and which on the said twenty-third Day of _June_ -shall be subsisting and in Force, and shall not be repealed, annulled or -abrogated by virtue of this present Act, shall continue and be in Force, -and shall be exercised, observed and executed by the said Company of -Barbers established and incorporated by this Act, until such Time and -Times respectively as the same By-laws, Ordinances, Rules and -Constitutions shall respectively be repealed, annulled and made void, by -Virtue and under the Authority of this present Act. - -XVII. And it is hereby further enacted by the Authority aforesaid, That -the Master and Governors of the said Company or Corporation of Barbers -of _London_ shall be yearly elected and chosen on the second _Thursday_ -in _August_, by the Court of Assistants, or the major Part of them, or -in such Manner as by the By-laws, Rules, Orders and Constitutions of the -same Company or Corporation shall be ordained or provided; and that when -and as often as any Member of the said Court of Assistants of the said -Company of Barbers shall happen to die or be removed, it shall and may -be lawful to and for the surviving Members of the said Court of -Assistants, or the major Part of them, to nominate and elect one other -Person, being a Freeman of the same Company, to be a Member of the said -Court of Assistants, in the Room of the Person so deceased or removed; -and the Person so nominated or elected shall continue in, hold and -exercise the said Office for and during his natural Life, or until he -shall be removed out of the same. - -XVIII. And it is hereby further enacted by the Authority aforesaid, That -the Master, Governors and Commonalty of the Mystery of Barbers of -_London_, hereby made, established and incorporated as aforesaid, and -their Successors, and all Persons who shall be free of the same Company -or Corporation, shall and may from time to time, and at all Times for -ever hereafter, have, hold and enjoy all and every such and the same -Liberties, Privileges, Franchises, Powers and Authorities, as the said -United Company or Corporation, with respect to every Thing but Surgery, -and the Members of the said United Company, occupying the Feat or Craft -of Barbery or Shaving, could or might respectively have had, held and -enjoyed by virtue of the said recited Act of Union or Incorporation, and -Letters Patents of his late Majesty King Charles the First, and other -the Royal Grants, Charters and Patents therein respectively mentioned -and referred to, so far as the same do not concern or relate to the Art -and Science of Surgery; and that in as full, ample and beneficial -Manner, to all Intents and Purposes, as if the same had been expressly -repeated, set down, and enacted in and by this present Act. - -XIX. And it is hereby further enacted by the Authority aforesaid, That -the Sum of five hundred and ten Pounds now vested in the said United -Company, and which was given and paid to the said United Company by -_Edward Arris_, for the Use of the publick Anatomy Lectures on the -Muscles, and also the Annuity or yearly Rent-charge of sixteen Pounds -given to the said United Company by the Will of _John Gale_ Gentleman, -for one Anatomy Lecture, by the name of _Gale’s Anatomy_, and charged -upon certain Messuages and Tenements at _Snow Hill_, in the Parish of -_Saint Sepulchre_, without _Newgate, London_, shall from and after the -said twenty-fourth Day of _June_ one thousand seven hundred and -forty-five, be vested in, and be deemed the sole Property, Estate and -Effects of the said Company and Corporation of Surgeons established and -incorporated by this Act; and that the said Sum of five hundred and ten -Pounds be accordingly paid by the said Company or Corporation of Barbers -of _London_, out of the Estate and Effects of and now belonging to the -said United Company or Corporation, within three Months next after the -said twenty-fourth Day of _June_; and that the said Sum of five hundred -and ten Pounds, and the said Annuity or yearly Rent-charge of sixteen -Pounds _per Annum_, shall be held and enjoyed by the Purposes intended -by the Donors thereof respectively; and that from and after the Payment -of the said five hundred and ten Pounds by the said Company of Barbers -to the said Company of Surgeons, they the said Master, Governors and -Commonalty of the Mystery of Barbers of _London_, and their Successors, -shall for ever be discharged of and from the said Sum or Gift of five -hundred and ten Pounds, and every Part thereof, and of and from the said -Annuity or Gift of sixteen Pounds _per Annum_, and every Part thereof, -and of and from all Duties and Trusts in respect of the said Gifts, or -either of them; and shall, from time to time, be saved harmless and kept -indemnified by the said Company of Surgeons, of, from and against the -same, and all Actions, Suits, Charges and Expenses which they the said -Master, Governors and Commonalty of the Mystery of Barbers of _London_, -or their Successors, shall or may, from time to time, be put unto or -sustain on account thereof; and all the Rest and Residue of the Real and -Personal Estate and Effects of and belonging to the said United Company -or Corporation, and the Arms or Ensigns Armorial of the same Company or -Corporation, shall from and after the said twenty-fourth Day of _June_ -one thousand seven hundred and forty-five, be vested in, and the same -are hereby from thenceforth vested in the said Company or Corporation of -Barbers of _London_, and their Successors, to and for their own sole and -separate Use and Benefit for ever. - -XX. And it is hereby further enacted by the Authority aforesaid, That -such of the Books, Papers and Writings which now belong to the said -United Company of Barbers and Surgeons, and relate to or concern the -Surgeons or Surgery only, shall immediately after the said first Day of -_July_ one thousand seven hundred and forty-five, be delivered by the -said Company of Barbers, established and incorporated by this Act, to -the Master and Governors, and Court of Assistants, of the said Company -of Surgeons established and incorporated by this Act, or such other -Person or Persons as they, or the major Part of them shall, by Writing -under their Hands appoint to receive the same, for the use and Benefit -of the said Company of Surgeons: And that the Master, Governors, and -Courts of Assistants of the same Company of Surgeons, or any of them, or -such other Person or Persons as they, or the major Part of them shall, -by Writing under their Hands appoint, shall and may, from time to time, -and at all seasonable Times, upon reasonable Notice, from and after the -first Day of _July_ one thousand seven hundred and forty-five have free -Access to, and Liberty to inspect and peruse, in the Hands of such -Person or Persons as the said Company of Barbers shall appoint to have -the Care and Custody thereof, all the rest of the Books, Papers and -Writings, and also all the Charters and Deeds which now belong to the -said United Company of Barbers and Surgeons; and from time to time to -take such Copies or Extracts of or from the same, or any of them, as the -said Master, Governors, and Court of Assistants of the said Company of -Surgeons, or the major Part of them, or such other Person or Persons so -to be appointed as aforesaid, shall from time to time desire or require; -and also that the said Company of Barbers shall, from time to time, and -at all Times, upon reasonable Notice, from and after the said first Day -of _July_, produce the said last mentioned Books, Papers, Writings, -Charters and Deeds, or any of them, at the Expense of the said Company -of Surgeons, upon any Trial at Law, or Hearing in Equity, or Examination -of Witnesses, or otherwise, where the said Company of Surgeons shall -have Occasion to make use thereof, or of any of them, and permit the -said Company of Surgeons to make use of the same accordingly. - -XXI. Provided always, and it is hereby further enacted by the Authority -aforesaid, That every Person who hath been bound Apprentice to any -Member of the said United Company, and by the Laws or Custom of the City -of _London_, or otherwise, is or would be intitled to his Freedom of the -said United Company, and to the Freedom of the said City, in case this -present Act had never been made, shall be intitled and admitted to his -Freedom in the said Company or Corporation of Surgeons, if his Master is -or was an examined Surgeon, or else to his Freedom in the said Company -of Barbers; and in either Case shall be intitled and admitted to his -Freedom in the said City of _London_; any Law, Usage or Custom to the -contrary thereof in any wise notwithstanding. - -XXII. And be it further enacted by the Authority aforesaid, That this -Act shall be deemed, adjudged and taken to be a Publick Act; and be -judicially taken Notice of as such by all Judges, Justices, and other -Persons whatsoever, without specially pleading the same. - - ------- - - - 55. _Geo._ 3. _c._ 194. - - An Act, for better regulating the Practice of Apothecaries throughout - _England_ and _Wales_. - -Whereas His Majesty King _James_ the First, by Letters Patent, under the -Great Seal of _Great Britain_, bearing date the Sixth Day of _December_, -in the Fifteenth Year of His Reign, did for himself, his Heirs and -Successors, grant unto _William Beese_, and divers other Persons therein -named, and to all and singular other Persons whomsoever, brought up and -skilful ¡n the Art, Mystery, or Faculty of Apothecaries, and exercising -the same Art, Mystery, or Faculty then, being Freemen of the Mystery of -Grocers of the City of _London_, or being Freemen of any other Art, -Mystery, or Faculty in the said City of _London_ (so as they had been -brought up and were expert in the Art or Mystery of Apothecaries), that -they, and all such Men of the said Art or Mystery of Apothecaries of and -in the said City of _London_ and Suburbs of the same, and within Seven -Miles of the said City, might and should be one Body Corporate and -Politic, in Substance, Deed, and Name, by the Name of the Master, -Wardens, and Society of the Art and Mystery of Apothecaries of the City -of _London_; and did ordain and declare, that by the same name they -might have perpetual Succession, and have, purchase, possess, enjoy, and -retain Manors, Messuages, Lands, Tenements, Liberties, Privileges, -Franchises, Jurisdictions, and Hereditaments to them and their -Successors, in fee simple and perpetuity, or for term of year or years, -or otherwise, howsoever. And also Goods and Chattels, and all other -things soever, of what name, nature, kind, quality, or sort soever they -should be. And also, that they might grant, demise, alien, assign, and -dispose of Manors, Lands, Tenements, and Hereditaments, and do and -execute all and singular other Acts and things by the said name. And -that by the said name of Master, Wardens, and Society of the Art and -Mystery of Apothecaries of the City of _London_, they should and might -be able to plead and be impleaded, and might have for ever a common -Seal; and the same Seal at their pleasure from time to time might break, -change, alter, and new make, as to them should seem best. And his said -Majesty did, by his said Letters Patent, ordain and grant unto the said -Master, Wardens, and Society of the Art and Mystery of Apothecaries -aforesaid, certain Ordinances, Rules and Regulations, to be observed, -kept, and maintained by them, as in the said Charter are more fully -expressed. - -_And whereas_ some of the Clauses and Provisions contained in the said -recited Charter, so far as the same regard the said Society of -Apothecaries, have been found inadequate for the purposes thereby -intended, and it is therefore expedient that the same should be altered, -varied, and enlarged, and further and other Provisions made; - - - May it therefore please Your MAJESTY, - -That it may be enacted; _And be it Enacted_ by the KING’S Most Excellent -MAJESTY, by and with the advice and consent of the Lords Spiritual and -Temporal, and Commons in this present Parliament assembled, and by the -Authority of the same, that the said recited Charter of the Fifteenth -Year of the Reign of His Majesty King _James_ the First, and all and -every the Powers, Provisions, Penalties, Forfeitures, Regulations, -Clauses, matters and things therein contained (save and except such part -or parts thereof as are hereby altered, varied, or repealed), shall be, -and the same is and are hereby declared to be in full force and virtue, -and shall be as good, valid, and effectual, to all intents and purposes -whatsoever, as if this Act had not been made. - -_And be it further Enacted_, That so much of the said recited Charter as -directs, That the said Master and Wardens, and their Successors, or some -or one of them, or some Assistants by the Master and Wardens to be -appointed and assigned, at fit and convenient times, and in manner and -form convenient and lawful, from time to time, as often as to the said -Master and Wardens shall seem expedient, shall and may go and enter into -any Shop or Shops, House or Houses, Cellar or Cellars, of any Persons -whomsoever, using or exercising the Art or Mystery of Apothecaries, or -any Part thereof, within the City of _London_, the Liberties or Suburbs -thereof, or within Seven Miles of the same City, as well within the -Liberty as without, where any Medicines, simple or compound, Wares, -Drugs, Receipts, Distilled Waters, Chemical Oils, Syrups, Conserves, -Lohocks, Electuaries, Pills, Powders, Lozenges, Oils, Ointments, -Plaisters, or any other things whatsoever, which belong or appertain to -the Art or Mystery of Apothecaries as is aforesaid, are likely to be -found; and to search, survey, and prove if the same Medicines, simple or -compound, Wares, Drugs, Receipts, Distilled Waters, Chemical Oils, -Syrups, Conserves, Lohocks, Electuaries, Pills, Powders, Lozenges, Oils, -Ointments, Plaisters, or any thing or things whatsoever belonging to the -Art or Mystery of Apothecaries aforesaid, be and shall be wholesome, -medicinable, meet and fit for the cure, health, and ease of His -Majesty’s Subjects; - -_And also_ so much of the said recited Charter as directs, That the -aforesaid Master and Wardens of the Mystery aforesaid, and the said -Assistants for the time being, thereunto nominated and appointed by the -Master and Wardens, and their Successors from time to time, may have, -and by virtue of these Presents, shall have full power and authority to -examine and try all and singular Persons professing, using, or -exercising, or which hereafter shall profess, use, or exercise the Art -or Mystery of Apothecaries, or any part thereof, within the aforesaid -City of _London_, the Liberties or Suburbs thereof, or within Seven -Miles of the same City, as well within Liberties as without, touching or -concerning their and every of their knowledge, skill, and science, in -the aforesaid Art or Mystery of Apothecaries, and to remove and prohibit -all those from the exercise, use, or practice of the said Art or -Mystery, whom hereafter they shall find either unskilful, ignorant, or -insufficient, or obstinate, or refusing to be examined by virtue of -these Presents, in the Art or Mystery aforesaid. And also all and -singular Medicines, Wares, Drugs, Receipts, Distilled Waters, Oils, -Chemical Preparations, Syrups, Conserves, Lohocks, Electuaries, Pills, -Powders, Lozenges, Oils, Ointments, and Plaisters, and all other things -belonging to the aforesaid Art, which they shall find unlawful, -deceitful, stale, out of use, unwholesome, corrupt, unmedicinable, -pernicious, or hurtful, to burn before the Offender’s Doors. And also to -lay, impose, and exact Mulcts, and other Pains and Penalties, by Fines -and Amerciaments, upon such Offenders, according to their sound -discretions, and the Ordinances by them and their Successors so as -aforesaid to be made and appointed, shall be, and the same is hereby -repealed. - -_And be it further Enacted_, That in lieu and stead thereof, the said -Master, Wardens, and Society of Apothecaries for the time being, and -their Successors, or any of the Assistants, or any other person or -persons properly qualified, as hereinafter is mentioned, to be by the -Master and Wardens nominated and assigned, not being fewer in number -than Two Persons at the least, shall and may from time to time, and at -all seasonable and convenient times, in the day time, as often as to the -said Master and Wardens it shall seem expedient, go and enter into any -Shop or Shops, of any person or persons whatever, using or exercising -the Art or Mystery of an Apothecary in any part of _England_ or _Wales_; -and shall and may search, survey, prove, and determine, if the -Medicines, simple or compound, Wares, Drugs, or any thing or things -whatsoever therein contained, and belonging to the Art or Mystery of -Apothecaries aforesaid, be wholesome, meet, and fit for the cure, -health, and ease of His Majesty’s Subjects; and all and every such -Medicines, Wares, Drugs, and all other things belonging to the aforesaid -Art, which they shall find false, unlawful, deceitful, stale, -unwholesome, corrupt, pernicious or hurtful, shall and may burn, or -otherwise destroy; and also shall and may report to the Master, Wardens, -and Assistants of the said Society, the Name or Names of such person or -persons as shall be found to have the same in their possession; and the -said Master, Wardens, and Assistants, shall and may impose and levy the -following Fines and Penalties upon each and every person whose Name -shall be so reported to them, as hereinafter mentioned: For the first -offence the Sum of Five Pounds; for the second offence the Sum of Ten -Pounds; and for the third, and every other offence, the Sum of Twenty -Pounds. - -_Provided always, and be it Enacted_, That no person to be by the -Master, Wardens, and Assistants for the time being, chosen and appointed -a Member of the Court of Examiners, or to be by the Master and Wardens -nominated and assigned to go and enter into any Shop or Shops, for the -purposes aforesaid, within the City of _London_, the Liberties or -Suburbs thereof, or within Thirty Miles of the same, shall be deemed to -be properly qualified, unless he shall be a Member of the Society of -Apothecaries aforesaid, of not less than Ten Years standing; nor shall -any person be deemed to be properly qualified to be nominated and -assigned to go and enter into any Shop or Shops in any other part of -_England_ and _Wales_ for the purposes aforesaid, or to be appointed one -of the Five Apothecaries hereinafter mentioned, and directed to be -appointed for the purpose of examining Assistants to Apothecaries in -compounding and dispensing Medicines, as hereinafter is mentioned, -except he shall have been an Apothecary in actual practice for not less -than Ten Years at least, previously to his being so nominated, or -assigned, or appointed. - -_And whereas_ it is the duty of every Person using or exercising the Art -and Mystery of an Apothecary, to prepare with exactness, and to dispense -such Medicines as may be directed for the sick by any Physician lawfully -licensed to practise Physic by the President and Commonalty of the -Faculty of Physic in _London_, or by either of the two Universities of -_Oxford_ or _Cambridge_; therefore, for the further protection, -security, and benefit of His Majesty’s Subjects, and for the better -regulation of the practice of Physic throughout _England_ and _Wales_, -_Be it Enacted_, That if any Person using or exercising the Art and -Mystery of an Apothecary, shall at any time knowingly, wilfully, and -contumaciously refuse to make, mix, compound, prepare, give, apply, or -administer, or any way to sell, set on sale, put forth, or put to sale -to any Person or Persons whatever, any Medicines, compound Medicines, or -medicinable Compositions, or shall deliberately or negligently, falsely, -unfaithfully, fraudulently, or unduly make, mix, compound, prepare, -give, apply or administer, or any way sell, set on sale, put forth, or -put to sale to any Person or Persons whatever, any Medicines, Compound -Medicines, or Medicinable Compositions, as directed by any Prescription, -Order or Receipt, signed with the initials in his own hand-writing, of -any Physician so lawfully licensed to practise Physic, such person or -persons so offending, shall, upon complaint made within Twenty-one Days -by such Physician, and upon conviction of such offence before any of His -Majesty’s Justices of the Peace, unless such Offender can shew some -satisfactory reason, excuse, or justification in this behalf, forfeit, -for the first offence the Sum of Five Pounds; for the second offence the -Sum of Ten Pounds; and for the third offence he shall forfeit his -Certificate, and be rendered incapable in future of using or exercising -the Art and Mystery of an Apothecary, and be liable to the Penalty -inflicted by this Act upon all who practise as such without a -Certificate, in the same manner as if such party so convicted had never -been furnished with a Certificate enabling him to practise as an -Apothecary; and such Offender so deprived of his Certificate, shall be -rendered and deemed incapable in future of receiving and holding any -fresh Certificate, unless the said party so applying for a renewal of -his Certificate, shall faithfully promise and undertake, and give good -and sufficient Security, that he will not in future be guilty of the -like offence. - -_And be it further Enacted_, That each and every of them the said Master -and Wardens for the time being, may, and they are hereby respectively -empowered, by writing under his or their hands, to appoint any one or -more of the said Court of Assistants to act as Deputy Master, or as -Deputy Wardens, as the case may be, in all matters and things done, or -authorized to be done, by the said Master, or the said Wardens, under -and by virtue of the said recited Charter, or of this Act, and to remove -such Deputy Master, or Deputy Wardens so to be appointed from time to -time, as the said Master, or the said Wardens, shall respectively think -proper; and all acts, matters, and things which shall be lawfully done -by the said Deputy Master or Deputy Wardens so to be appointed as -aforesaid, as the case may be, shall be as good, valid, and effectual, -as if the same were done and performed by the said Master and Wardens -respectively. - -_And whereas_ much mischief and inconvenience has arisen, from great -numbers of persons in many parts of _England_ and _Wales_ exercising the -functions of an Apothecary, who are wholly ignorant, and utterly -incompetent to the exercise of such functions, whereby the Health and -Lives of the Community are greatly endangered; and it is become -necessary that provision should be made for remedying such evils; _Be it -therefore further Enacted_, That the said Master, Wardens, and Society -of the Art and Mystery of Apothecaries of the City of _London_, -incorporated by the said recited Charter of His Majesty King _James_ the -First, and their Successors, shall be, and they are hereby appointed and -constituted, directed and empowered, for ever to superintend the -execution of the provisions of this Act, and to enforce and carry the -several regulations and provisions thereof, in relation to the several -persons practising the Art or Mystery or Profession of an Apothecary -throughout _England_ and _Wales_, and all other the purposes of this -Act, into full execution. - -_And be it further Enacted_, That no Act of the said Master, Wardens, -and Society of Apothecaries, incorporated as aforesaid, for the carrying -any of the powers and provisions of this Act into execution, shall be, -or be deemed to be good or valid (save and except as to such Acts as -shall be done by the said Master, Wardens, and Assistants, or others -appointed by them, or any of them, as hereinbefore is provided, in -pursuance of the Powers and Authorities hereinbefore given to them to -enter into Shops to search for, examine and destroy unwholesome Drugs or -Medicines, and also save and except as to such acts as shall be done by -the said Court of Examiners, or the major part of them present, or by -the Five Apothecaries hereinafter mentioned, or the major part of them -present, in pursuance of the authorities hereinafter given to them), -unless the same be done at some Assembly or Meeting to be holden by the -said Master, Wardens, and Society, in the Hall of the said Society. And -that all the Powers and Authorities by this Act granted to, or vested -in, the said Master, Wardens, and Society as aforesaid, shall and may -from time to time be exercised by the Master, Wardens, and Assistants of -the Art and Mystery of Apothecaries aforesaid for the time being, or by -the major part of them present, who shall attend at any such Assembly or -meeting to be holden as aforesaid (the number present at such Assemblies -or Meetings not being less than Thirteen, of which the said Master for -the time being shall always be one), and all the Orders and Proceedings -of the said Master, Wardens, and Assistants for the time being, or of -such major part as aforesaid, shall have the same force and effect, as -if the same were made or done by the said Master, Wardens and Society of -Apothecaries incorporated as aforesaid. - -_And be it further Enacted_, That for the purposes of this Act, so far -as the same regards the Examination of Apothecaries, and Assistants to -Apothecaries, Twelve Persons properly qualified, as hereinbefore is -mentioned, shall be chosen and appointed by the said Master, Wardens, -and Assistants for the time being, (who are hereby authorized and -empowered to choose and appoint such Persons, and to remove or displace -them from time to time, as they the said Master, Wardens, and Assistants -for the time being, shall deem adviseable), and such Persons, when so -chosen and appointed, or any Seven of them, shall be, and be called the -Court of Examiners of the Society of Apothecaries; and such Court of -Examiners, or the major part of them present at any meeting, shall have -full power and authority, and are hereby authorized and empowered to -examine all Apothecaries, and Assistants to Apothecaries, throughout -_England_ and _Wales_, and to grant or refuse such Certificate, as -hereinafter is mentioned. And such Court of Examiners, or the major part -of them, shall, and they are hereby required to meet and assemble in -some convenient Room in the Hall of the said Society, once at least in -every week, for the purpose of such Examination, and then and there to -examine all Persons applying to be examined, and duly qualified so to be -by virtue of this Act. - -_And be it further Enacted_, That at any such Meetings of the said -Examiners, a Chairman shall and may be appointed; and when and so often -as it shall so happen that there shall be an equal number of Votes upon -any one question (including the Vote of the said Chairman), then and in -such case, it shall and may be lawful to and for the said Chairman to -give the casting or decisive Vote. - -_And be it further Enacted_, That no person shall be capable of acting -as an Examiner, under and by virtue of this Act, until he shall have -taken and subscribed the following Oath: - -“I, _A. B._ do solemnly promise and swear (or, being one of the people - called Quakers, do solemnly affirm) that I will faithfully, - impartially, and honestly, according to the best of my skill and - knowledge, execute the trust reposed in me by the Master, Wardens, and - Society of the Art and Mystery of Apothecaries of the City of - _London_, as an Examiner, in the Examination of every person who shall - come before me to be examined, as to his fitness or qualification to - act as an Apothecary, or Assistant to an Apothecary, as the case may - be, and that without favour, affection, prejudice, or malice. - - “So help me God.” - -which Oath, or Affirmation, the said Master, Wardens, or Court of -Assistants, or the major part of them, are hereby authorized and -required to administer. - -_And be it further Enacted_, That all Persons so to be chosen and -appointed Examiners as aforesaid, shall continue in Office for the space -of One Year from the time of their Appointment, (except in case of -Death, or being removed or displaced by the said Master, Wardens, and -Assistants as aforesaid). _Provided always_, That it shall and may be -lawful to and for the said Master, Wardens, and Assistants, to choose -and appoint any such Person or Persons going out of Office, again to be -an Examiner or Examiners, as aforesaid, if they the said Master, -Wardens, and Assistants, shall deem it adviseable so to do. - -_And be it further Enacted_, That in case any Person or Persons so to be -chosen, and appointed, shall happen to die during the time he or they -shall continue to be an Examiner or Examiners, or be removed or -displaced as aforesaid, then it shall and may be lawful for the said -Master, Wardens, and Assistants, to choose and appoint any other Person -or Persons properly qualified, to be an Examiner or Examiners as -aforesaid, in the room of the Person or Persons so dying, or removed, or -displaced as aforesaid; and every Person or Persons so chosen and -appointed, shall continue in Office for such time and no longer, as the -Person or Persons in whose room or stead he or they shall be so chosen -and appointed, would have continued in Office. - -And to prevent any Person or Persons from practising as an Apothecary, -without being properly qualified to practise as such, _Be it further -Enacted_, That from and after the First Day of August, One Thousand -Eight Hundred and Fifteen, it shall not be lawful for any Person or -Persons (except persons already in practice as such), to practise as an -Apothecary in any part of _England_ or _Wales_, unless he or they shall -have been Examined by the said Court of Examiners, or the major part of -them, and have received a Certificate of his or their being duly -qualified to practise as such, from the said Court of Examiners, or the -major part of them, as aforesaid; who are hereby authorized and required -to examine all Person and Persons applying to them, for the purpose of -ascertaining the skill and abilities of such person or persons in the -Science and Practice of Medicine, and his or their fitness and -qualification to practise as an Apothecary; and the said Court of -Examiners, or the major part of them, are hereby empowered either to -reject such Person or Persons, or to grant a Certificate of such -Examination, and of his or their qualification to practise as an -Apothecary as aforesaid: _Provided always_, That no Person shall be -admitted to such Examination until he shall have attained, the full age -of Twenty-one Years. - -_Provided always, and be it Enacted_, That no Person shall be admitted -to any such Examination for a Certificate to practise as an Apothecary, -unless he shall have served an Apprenticeship of not less than Five -Years to an Apothecary, and unless he shall produce Testimonials to the -satisfaction of the said Court of Examiners, of a sufficient Medical -Education, and of a good moral conduct. - -_And be it further Enacted_, That every Person intending to qualify -himself under the regulations of this Act to practise as an Apothecary, -in any part of _England_ or _Wales_, shall give notice to the Clerk of -the said Master, Wardens, and Society of Apothecaries as aforesaid, of -his intention so to do, who shall notify the same to the said Master, -Wardens, and Society of Apothecaries as aforesaid; and the Person so -intending to qualify himself, shall present himself at the Meeting held -by the said Court of Examiners next succeeding such Notice, and shall -undergo such Examination by the said Court of Examiners as aforesaid, or -at some other Meeting, as shall or may be appointed and fixed upon by -the said Master, Wardens, and Society of Apothecaries, or by the said -Court of Examiners, or the major part of them, as aforesaid, for that -purpose. - -_And be it further Enacted_, That from and after the First Day of -August, One Thousand Eight Hundred and Fifteen, it shall not be lawful -for any Person or Persons (except the Persons then acting as Assistants -to any Apothecaries as aforesaid, and excepting Persons who have -actually served an Apprenticeship of Five Years to an Apothecary) to act -as an Assistant to any Apothecary, in compounding or dispensing -Medicines, without undergoing an Examination by the said Court of -Examiners, or the major part of them, or by Five Apothecaries, so to be -appointed as hereinafter is mentioned, and obtaining a Certificate of -his or their qualification to act as such Assistant, from the said Court -of Examiners, or the major part of them, or from the said Five -Apothecaries, who are hereby authorized and empowered to examine all -persons applying to them for that purpose, and to grant a Certificate of -such fitness and qualification. - -_And be it further Enacted_, That for the purposes of this Act, it shall -and may be lawful to and for the said Master and Wardens for the time -being, or to and for the said Court of Examiners, by writing under their -hands, from time to time to appoint Five Apothecaries in any County or -Counties respectively throughout _England_ and _Wales_ (except within -the said City of _London_, the Liberties or Suburbs thereof, or within -Thirty Miles of the same), to act for such County or Counties, or any -other County or Counties near or adjoining, and to remove or displace -them from time to time, as they the said Master and Wardens, or the said -Court of Examiners, shall deem adviseable; and such Five Apothecaries so -to be appointed respectively, as aforesaid, at any Meeting to be held by -them as hereinafter mentioned, shall have full power and authority, and -are hereby authorized and empowered to examine, all Assistants to -Apothecaries throughout the County or Counties in regard of which such -Apothecaries shall have been so appointed as aforesaid, and to grant or -refuse such Certificate to every such Assistant to Apothecaries, as -hereinbefore is authorized in that behalf; and a Meeting of the said -Apothecaries, for the purposes aforesaid, shall be held monthly in the -County Town of some one of the Counties for which they shall have been -appointed to act as aforesaid; and that no act of such Apothecaries -shall be, or be deemed to be good or valid, unless the same be done at -some such Meeting; and that all the Powers and Authorities by this Act -granted to or vested in such Five Apothecaries, shall and may from time -to time be exercised by the major part of them, who shall attend at any -Meeting to be holden as above directed, the number of such Apothecaries -present at any such Meeting not being less than Three; and all the -Orders, Directions, and Certificates of the major part of such -Apothecaries present at any such Meeting, shall have the same force and -effect as if the same were made, done, or signed by all the said Five -Apothecaries for the time being; and at every such Meeting of the said -Apothecaries, a Chairman shall and may be appointed, and when, and so -often as it shall so happen that there shall be an equal number of Votes -upon any one question (including the Vote of the said Chairman) then and -in such case, it shall and may be lawful to and for the said Chairman to -give the casting, or decisive Vote. - -_And be it further Enacted_, That the Sum of Ten Pounds Ten Shillings -shall be paid to the said Master, Wardens, and Society of Apothecaries, -for every such Certificate as aforesaid, on obtaining the same, by every -person intending to practise as an Apothecary within the City of -_London_, the Liberties or Suburbs thereof, or within Ten Miles of the -same City; and the Sum of Six Pounds Six Shillings by every person -intending to practise as an Apothecary in any other part of _England_ or -_Wales_ (except the said City of _London_, the Liberties or Suburbs -thereof, or within Ten Miles of the said City:) and no person having -obtained a Certificate to practise as an Apothecary in any other part of -_England_ or _Wales_ (except the said City of _London_, the Liberties or -Suburbs thereof, or within Ten Miles of the said City as aforesaid), -shall be entitled to practise within the said City of _London_, the -Liberties or Suburbs thereof, or within Ten Miles of the said City, -unless and until he shall have paid to the said Master, Wardens, and -Society, the further Sum of Four Pounds Four Shillings, in addition to -the said Sum of Six Pounds Six Shillings so paid by him as aforesaid, -and shall have had endorsed on his said Certificate, a Receipt from the -said Master, Wardens, and Society, for such additional Sum of Four -Pounds Four Shillings; and the Sum of Two Pounds Two Shillings by every -Assistant; and the several Sums of Money arising from the granting of -such Certificates, shall be applied in manner hereinafter directed. - -_And be it further Enacted_, That if any person (except such as are then -actually practising as such) shall, after the said First Day of August, -One Thousand Eight Hundred and Fifteen, act or practise as an Apothecary -in any part of _England_ or _Wales_, without having obtained such -Certificate as aforesaid, every person so offending shall for every such -Offence, forfeit and pay the Sum of Twenty Pounds; and if any person -(except such as are then acting as such, and excepting persons who have -actually served an Apprenticeship as aforesaid) shall, after the said -First Day of August, One Thousand Eight Hundred and Fifteen, act as an -Assistant to any Apothecary, to compound and dispense Medicines, without -having obtained such Certificate as aforesaid, every person so -offending, shall for every such offence forfeit and pay the Sum of Five -Pounds. - -_And be it further Enacted_, That no Apothecary shall be allowed to -recover any Charges claimed by him in any Court of Law, unless such -Apothecary shall prove on the Trial, that he was in practice as an -Apothecary prior to, or on the said First Day of August, One Thousand -Eight Hundred and Fifteen, or that he has obtained a Certificate to -practise as an Apothecary, from the said Master, Wardens, and Society of -Apothecaries as aforesaid. - -_Provided always, and be it further Enacted_, That if the said Court of -Examiners, or the major part of them, having examined any Person or -Persons applying to qualify himself or themselves to practise as an -Apothecary, or if they, or the said Five Apothecaries so to be appointed -for any County or Counties as aforesaid, having examined any Person or -Persons applying to qualify himself or themselves to practise as an -Assistant to an Apothecary, in compounding and dispensing Medicines, -shall see cause to refuse such Certificate as aforesaid, to any such -Person or Persons so applying to qualify himself or themselves as an -Apothecary or Assistant as aforesaid; yet it shall and may be lawful for -such Person or Persons who shall be so refused, to apply at any future -time to be again examined, so that such second application by any Person -or Persons applying to qualify himself or themselves as an Apothecary, -be not within Six Months of such first Examination; and so that such -second application by any person or persons applying to qualify himself -or themselves as an Assistant, be not within Three Months of such first -Examination; and if on such re-examination he or they shall appear to -the persons examining, to be then properly qualified, it shall and may -be lawful for the said Court of Examiners, or to and for the said Five -Apothecaries in any County or Counties as aforesaid, to grant such -person or persons so applying, such Certificate as aforesaid. - -_Provided always, and be it further Enacted_, That the said Master, -Wardens, and Society of Apothecaries, do make annually, and cause to be -printed, an exact List of all and every person who shall in that year -have obtained a Certificate to practise as an Apothecary, with their -respective residences attached to their respective Names. - -_And be it further Enacted_, That all and every Sum or Sums of Money -which shall be received or arise from the granting of the Certificate of -Examination hereinbefore required, shall belong to, and be appropriated -and disposed of by the said Master, Wardens, and Society of Apothecaries -as aforesaid, in such manner as they shall from time to time direct and -deem most expedient. - -_And be it further Enacted_, That all Sum and Sums of Money arising from -Conviction and recovery of Penalties for Offences committed against the -Authorities and Provisions of this Act, shall be applied and disposed of -in manner following, (viz.) One Half thereof to the Informer or -Informers, and One Half thereof to the said Master, Wardens, and Society -of Apothecaries as aforesaid, to be appropriated and disposed of by them -in such manner as they shall deem most expedient. - -_And be it further Enacted_, That all Penalties and Forfeitures by -virtue of this Act imposed, (the manner of levying and recovering -whereof is not otherwise hereby particularly directed, shall, if such -Penalties and Forfeitures shall exceed the Sum of Five Pounds, be -recovered by Action or Suit at Law, in the Name of the Master, Wardens, -and Society of the Art and Mystery of Apothecaries of the City of -_London_, in any of His Majesty’s Courts of Record in _England_ or -_Wales_, wherein no Essoign, Protection, or Wager at Law, or more than -one Imparlance shall be allowed); and if such Penalty or Forfeiture -shall amount to less than the Sum of Five Pounds, then the same shall be -levied and recovered by Distress and Sale of the Goods and Chattels of -the Offender, by Warrant under the Hand and Seal of any Justice of the -Peace acting for any County, City, Town, or Place where the Offence -shall be committed (which Warrant such Justice is hereby empowered and -required to grant upon the confession of the Party, or upon the Evidence -of any credible Witness upon Oath; and which Oath such Justice is hereby -empowered to administer); and the overplus (if any), of the Money -arising by such Distress and Sale, shall be returned upon demand to the -Owner of such Goods and Chattles, after deducting the Costs and Charges -of making, keeping, and selling the Distress; and in case sufficient -Distress shall not be found, or such Forfeitures and Penalties shall not -be paid forthwith, it shall be lawful for such Justice, and he is hereby -authorized and required, by Warrant under his Hand and Seal, to cause -the Offender to be committed to the Common Gaol for the County, City, -Town, or Place, where the Offence shall be committed, there to remain -without Bail or Mainprize for any time not exceeding One Calendar Month, -unless such Penalties, and Forfeitures, and Costs, shall be sooner fully -paid and satisfied. - -_And be it further Enacted_, That where any Distress shall be made for -any Sum of Money to be levied by virtue of this Act, the Distress itself -shall not be deemed unlawful, nor the Party or Parties making the same -be deemed a Trespasser or Trespassers, on account of any defect or want -of Form in the Notice or Information, Summons, Conviction, Warrant, or -Distress, or other proceeding relating thereto; nor shall the Party or -Parties distraining be deemed a Trespasser or Trespassers _ab initio_, -on account of any irregularity which shall be afterwards done by the -Party or Parties so distraining; but the person or persons aggrieved by -such irregularity, may recover full satisfaction for the special damage -in an Action upon the Case. - -_Provided always, and be it further Enacted_, That nothing in this Act -contained shall extend, or be construed to extend, to prejudice, or in -any way to affect the trade or business of a Chemist and Druggist, in -the buying, preparing, compounding, dispensing, and vending Drugs, -Medicines, and Medicinable Compounds, wholesale and retail; but all -persons using or exercising the said trade or business, or who shall or -may hereafter use or exercise the same, shall and may use, exercise, and -carry on the same trade or business in such manner, and as fully and -amply to all intents and purposes, as the same trade or business was -used, exercised, or carried on by Chemists and Druggists before the -passing of this Act. - -_Provided always, and be it further Enacted_, That nothing in this Act -contained, shall extend or be construed to extend to lessen, prejudice, -or defeat, or in any wise to interfere with any of the Rights, -Authorities, Privileges, and Immunities heretofore vested in, and -exercised and enjoyed by either of the Two Universities of _Oxford_ or -_Cambridge_, the Royal College of Physicians, the Royal College of -Surgeons, or the said Society of Apothecaries respectively, other than -and except such as shall or may have been altered, varied, or amended in -and by this Act, or of any Person or Persons practising as an Apothecary -previously to the First Day of August, One Thousand Eight Hundred and -Fifteen; but the said Universities, Royal Colleges, and the said -Society, and all such Persons or Person, shall have, use, exercise, and -enjoy all such Rights, Authorities, Privileges, and Immunities, save and -except as aforesaid, in as full, ample, and beneficial a manner to all -intents and purposes, as they might have done before the passing of this -Act, and in case the same had never been passed. - -_Provided always, and be it further Enacted_, That no Action or suit -shall be brought or prosecuted against any Person or Persons, Body or -Bodies Politic, Corporate or Collegiate, for any thing done in pursuance -of this Act, after Six Calendar Months next after the fact committed; or -in case there shall be a continuation of Damages, then after Six -Calendar Months next after the doing or committing such Damage shall -have ceased, and not afterwards. And every such Action or Suit shall be -laid and brought in the County where the matter in dispute shall arise, -and not elsewhere; and the Defendant and Defendants in every such Action -or Suit, shall or may, at his, her, or their election, plead specially -the General Issue, and give this Act, and the Special Matter, in -Evidence, at any Trial to be had thereupon, and that the same was done -in pursuance, and by the authority of this Act. And if it shall appear -to have been so done, or if any such Action or Suit shall have been -brought before Twenty-one Days’ Notice shall have been given, or -sufficient satisfaction made or tendered, as aforesaid, or shall be -brought in any other County or Place than as aforesaid, then, and in -every such case, the Jury shall find for the Defendant or Defendants; -and upon such Verdict, or if the Plaintiff or Plaintiffs shall become -Nonsuit, or suffer a discontinuance of his, her, or their Action or -Suit, after the Defendant or Defendants shall have appeared, or if a -Verdict shall pass against the Plaintiff or Plaintiffs, or if upon -Demurrer or otherwise, Judgment shall be given against the Plaintiff or -Plaintiffs, then the Defendant or Defendants shall have Double Costs, -and shall have such remedy for recovering the same, as any Defendant -hath for recovering Costs of Suit in any other Cases by Law. - -_And be it further Enacted_, That this Act shall be deemed and taken to -be a Public Act, and shall be judicially taken notice of as such, by all -Judges, Justices, and others, without being specially pleaded. - - ------- - - - A Royal Charter granted to the Apothecaries of London 30 Maii 13 - Jacobii. - - (From Goodall’s Collection, p. 119.) - -Rex omnibus ad quos &c. salutem. Cum antehac per Letteras nostras Paten’ -sub magno sigillo nostro Anglie confect’ geren’ dat apud Westm’ nono die -Aprilis Anno regni nostri Anglie Francie et Hibernie quarto & Scocie de -gratia nostra speciali voluerimus ordinaverimus & concesserimus quod -omnes et singuli liberi homines mysterii Grocer’ & Pharmacopol’ civitat’ -London & Successores sui deinceps in perpetuum pro meliori ordine -gubernatione et regimine hominum myster’ Grocer’ & Pharmacopol’ -Civitatis London ac pro utilitate commodo et relevamine bonorum et -proborum ac formidine et correctione malorum dolorosorum et improborum -forent et essent vigore earundem Litterarum Paten’ unum corpus -corporatum et politicum in re facto et nomine per nomen Custod’ & -Communitatis myster’ Grocer’ Civitat’ London et eosdem per nomen Custod’ -et Communitat’ myster’ Grocer’ Civitat’ London unum corpus corporatum & -politicum in re facto et nomine realiter & ad plenum pro nobis heredibus -& successoribus nostris per easdem Litteras nostras paten’ adtunc -exereximus fecerimus ordinaverimus constituerimus & declaraverimus & -quod per idem nomen successionem h’erent perpetuam prout per easdem -Litteras nostras Patent’ (inter alia) plenius liquet et apparet. Jam -vero quum nobis sit demonstratum ex parte dilectorum subditorum -Pharmacopol’ Civitat’ nostre London necnon nobis adfirmatum & approbatum -per dilectos nobis Theodorum de Mayerne & Henricum Atkins in Medicinis -Doctores Medicos Nostros discretos et fideles Quod hiisce proximis annis -quamplurimi empyrici et homines ignari & inexperti in Civitate nostra -London ac ejusdem Suburbiis inhabitant et commorantes qui in -Pharmacopoli arte & mysterio hand instituti sed in eadem imperiti & -rudes quamplurima insalubria nociva falsa corrupta perniciosa faciunt & -componunt medicamenta eademque in plurimis hujus regni nostri Anglie -partes vendunt & assidue transmittunt in convitium et opprobrium non -solum Medicine scientie illius colende Medicorumque hujus regui nostri -Anglie literat’ eandem profitentium necnon Pharmacopœiorum Civitat’ -nostre London in eadem arte & mysterio educat’ & expert verum eciam in -subditor’ nostror’ pericula et assidua vite discrimina. Cumque ad jura -nostra regia & regimen supremum pro universos subdit’ nostros -singulasque regni nostri partes membra et societates temperamus & -complectimur spectat ut pro bono publico & temporum ratione novas -Societates atque nova Corpora corporat’ et politica creare erigere -instituere & superinducere ad beneplacitum nostrum possumus tam ex -personis que prius plane seperat’ & in null’ corpus redact’ & collect’ -fuerunt quam ex membris Corporum corporat’ veter’ ubi hoc ad melius -regimen populi nostri videbitur expedire. Nos igitur considerantes -officii nostri Regii munus esse subditorum nostrorum saluti et bono -publico omnibus viis & modis providere & consulere ac nobiscum -perpendentes quomodo improborum istorum hominum conatibus tempestive -occurramus (de advisament’ Consilii nostri in legibus eruditi) apprime -necessarium duximus Pharmacopæios Civitat’ nostra London ab hominibus -liberis myster’ Grocer’ ejusdem disunire disgungere separare & -dissociare ac easdem Pharmacopœios per seipsos solum et divisum ac ab -hominibus liberis myster’ Grocer’ predict’ ad omnes intentiones & -proposit’ disunitos & separatos in unum Corpus corporat’ & Politicum -erigere creare & constituere ad quos omni futuro tempore incommodorum -istorum cura & correctio demandata & commissa foret. Ita tamen ut -superior’ ac general’ regimen’ Civitat’ nostre London & Magistrat’ -ejusdem in modum aliarum Societat’ subjiciantur. SCIATIS igitur quod nos -dilectorum & fidelium Medicor’ nostror’ Theodori de Mayerne & Henrici -Atkins necnon Pharmacopœiorum predict’ precibus inclinati potissimum -verò ex Regali nostra cura & solicitudine Statum Reipublice promovendi -ac bonum publicum procurandi ut Empiricorum & hominum ignor’ & inexpert’ -predictor’ inscitia temeritasque compiscatur unde plurima incommoda et -pericula rudi & credule plebi assidue oriantur. Ac ut Pharmacopœi -inferius nominati tam a predicto Corpore politico liberorum hominum -myster’ Grocer’ Civitat’ London quam a quibuscunque aliis corporibus -Politicis Societat’ sive Communitat’ quarumcunque aliar’ artium -facultat’ sive myster’ in eadem Civitate nostra London disuniantur -separentur & disjungantur ac in Corpus unum Politicum & Corporatum per -seipsos per nos facti constituti & creari imposterum perpetuis futuris -temporibus ad omnia proposita & intentiones sint et remaneant quam pro -aliis causis urgentibus nos specialiter moventibus de gra’ nostra -speciali ac ex certa scientia & mero motu nostris volumus ac per -presentes pro nobis heredibus & successor’ nostris Willielmo Besse, -Edmundo Philips (_et_ 114 _aliis nominatis_) ac omnibus aliis personis -quibuscunque subditis nostris naturalibus in arte facultate sive -mysterio Pharmacopœior’ educat’ & perit’ eandemque artem facultatem sive -mysterium hoc tempore exercen’ sive existen’ liberis hominibus myster’ -Grocer’ Civitat’ London ac cum eisdem conjunctim & promiscue in unum -Corpus corporatum & Communitat’ antehac per nos seu per aliquem vel -aliquos Progenitor’ nostrorum fact’ incorporat’ sive constitut’. Quod -ipsi et eorum unusquisque una cum omnibus et singulis eorum Apprenticiis -qui ante dat’ Presencium coram Custod’ myster’ Grocer’ predict’ seu -coram Custod’ sive Magistris aliquar’ aliar’ artium facultat’ sive -myster’ in Civitat’ London alicui Pharmacopœio sive aliquibus -Pharmacopœiis posuerunt seipsos Apprenticios tam a predicto Corpore -Politico & Communitat’ liberorum hominum myster’ Grocer’ predict’ quam -ab omnibus aliis Corpor’ Politicis Communitat’ sive Societat’ aliquar’ -aliar’ artium facultat’ sive myster’ in Civitat London quibuscunque -disuniantur separentur divellantur disjungantur ac dissociantur -eosdemque Pharmacopœios & eorum quemlibet ante nominat’ sive mencionat’ -una cum omnibus & singulis eorum Apprenticiis predict’ ex regali nostra -prerogativa & Jure regio disunimus separamus divellimus disjungimus & -dissociamus & eosdem Pharmacopœios una cum omnibus & singulis eorum -Apprenticiis predict’ virtute harum Literarum nostrarum Paten’ immunes -liberos acquietat’ exoneratos & penitus exemptos (ad omnia proposita et -intentiones) quam de et ab omnibus jurament’ Jurisdictionibus Potestat’ -Authoritat’ Statut’ Ordinationibus Constitution’ Supervis’ Scrutin’ -Summonition’ Convocationibus Conventionibus Regim’ Gubernationibus -Correction Impositionibus Taxation’ Collection’ denarion’ solutionibus & -Oneribus Finibus amerciament’ imprisonament’ districtionibus penis & -penilitat’ quibuscunque Custod’ & Communitat myster’ Grocer’ predict’ -pro tempore existen’ aut eorum successor’ quam alior’ quorumcunque -Corpor’ Politicor’ Communitat’ sive Societat’ in Civitat’ nostra London -& successor’ suorum per presentes volumus esse & remanere deinceps -imperpetuum aliquibus Statut’ Act’ Parliament’ Ordination’ Provisionibus -Consuet’ Concession’ Confirmation’ Privileg’ Chart’ aut Litteris paten’ -nostri vel aliquorum Progenitor’ nostrorum Custod’ & Communitat’ myster’ -Grocer’ London predict’ fact’ in contrarium inde non obstant’. Et -ulterius de ampliori gra’ nostra speciali & ex certa scientia et mero -motu nostris ut ars myster’ sive facultat’ Pharmacopœie jam diu collapsa -& despecta melius ad amplitudinem dignam promoveatur pro nobis hered’ & -successoribus nostris concedimus per presentes prefatis Willielmo Besse, -Edmundo Phillips (&^{ci} * * * ) ac omnibus & singulis aliis personis -quibuscunque in arte myster’ sive facultat’ Pharmacopol’ educat’ & -perit’ eandemque artem myster’ seu facultatem exercentibus modo existen’ -liberis hominibus myster’ Grocer’ predict’ aut existen’ liberis -hominibus aliquar’ aliarum artium myster’ sive facultat’ in Civitat’ -London (dummodo in arte & facultate Pharmacopol’ educat’ & expert’ -fuerint) quod ipsi omnesque hujusmodi liberi homines ejusdem artis -myster’ sive facultat’ Pharmacopol’ de et in Civitat predict’ & in -suburbiis ejusdem & infra septem miliar’ Civitat’ predict’ sint & erunt -unum Corpus corporatum & Politicum in re facto & nomine per nomen -Magistr’ Custod’ & Societat’ artis & myster’ Pharmacopol’ Civitat’ -London. Ac eos per nomen Magistri Custodum & Societatis artis et myster’ -Pharmacopol’ Civitat’ London in unum Corpus corporatum & Politicum in re -facto et nomine realiter et ad plenum pro nobis & successor’ nostris -erigimus facimus ordinamus constituimus creamus & declaramus per -presentes. Et quod per idem nomen successionem habeant perpetuam. Et -quod ipsi & successores sui per nomen Magistri Custod’ & Societatis -artis mysterii Pharmacopol’ Civitat’ London sint & erunt perpetuis -futuris temporibus persone habiles & in lege capaces ac Corpus -Corporatum & Politicum & in lege capax ad habend’ perquirend’ possidend’ -gaudend’ & retinend’ Maner’ Messuagia terras tenementa libertat’ -privileg’ Franches’ Jurisdiction’ & Hereditamenta quecunque cujuscunque -generis nominis natur’ qualitat’ vel speciei fuerint sibi & successor’ -suis in feodo simplici & perpetuitat’ sive pro termino anni vel annorum -aut aliter quocunque modo. Ac etiam bona & Catalla & quascunque alias -res cujuscunque nominis nature generis qualitat’ sive speciei fuerint. -Necnon ad concedend’ dimittend’ alienand’ assignand’ & disponend’ maner’ -terr’ tenementa & hereditamenta & ad omnia & singula al’ fact’ & res -faciend’ & exequend’ per nomen predict’. Et quod per idem nomen Magistri -Custod’ & Societat’ artis & myster’ Pharmacopol’ Civitat’ myster’ London -placitare & implacitari respondere & responderi defendere & defendi -valeant & possint in quibuscunque Curiis. Placit’ & locis ac coram -quibuscunque Judicibus & Justiciariis ac aliis personis & officiar’ -nostris ac heredum & successor’ nostrorum in omnibus & singulis -actionibus placitis sect’ querel’ causis mater’ & demand’ quibuscunque -cujuscunque sint aut erint generis qualitat’ aut speciei eisdem modo & -forma prout aliqui alii ligei nostri Anglie persone habiles & capaces in -lege sive aliquod aliud Corpus corporatum et Politicum infra Regnum -nostrum Anglie habere perquirere recipere possidere & gaudere retinere -dare concedere dimittere alienare assignare & disponere placitare & -implacitari respondere & responderi defendere & defendi facere -permittere sive exequi possint aut valeant. Et quod iidem Magister -Custod’ & Societas artis & mysterii Pharmacopol’ Civitat’ London -predict’ habeant imperpetuum Commune Sigillum pro causis & negotiis suis -ac successor’ suor’ quibuscunque agend’ deservitur’. Et quod bene liceat -& licebit eisdem Magistro Custod’ & Societat’ artis & mysterii -Pharmacopol’ London predict’ & successor’ suis sigillum illud ad libitum -suum de tempore in tempus frangere mutare & de novo facere prout eis -melius fieri videbitur. Et ulterius volumus & ordinamus ac per presentes -pro nobis hered’ & successor’ nostris concedimus prefat’ Magistro -Custod’ & Societat’ artis & mysterii Pharmacopol’ predict’ & successor’ -suis quod de cetero imperpetuum perpetuis futuris temporibus sit & erit -unus de Societatis artis & myster’ Pharmacopol’ predict’ in forma in -hiis presentibus mencionat’ eligend’ & nominand’ qui nominabitur & -vocabitur Magister artis & Societatis predict’ Ac quod similiter sint & -erunt duo de Societate artis & myster’ predict’ in forma in his -presentibus express’ eligend’ & nominand’ qui erunt & nominabunter -Custodes Artis myster’ & societat’ predict’. Ac eciam quod similiter -sint & erunt viginti & unus de Societate predict’ in forma in hiis -presentibus inferius similiter mencionat’ eligend’ qui erunt & -nominabuntur Assistantes Artis & Societatis Pharmacopol’ Civitat’ London -ac de tempore in tempus erunt assistentes & auxiliantes Magistro & -Custod’ Mysterii & Societat’ predict’ pro tempore existen’ in omnibus -causis rebus & materiis dict’ Magr’ & Societat’ tangen’ sive concernen.’ -Et ulterius volumus ac per presentes pro nobis hered’ & successoribus -nostris concedimus prefatis Magistro Custod’ & Societat’ artis & myster’ -Pharmacopol’ Civitat’ London predict’ & successor’ suis quod bene liceat -& licebit eisdem Magistro Custod’ & Societat’ & Successor’ suis habere -perquirere retinere & appuntare quandam Aulam sive Domum Conciliar’ -infra Civitat nostram London Quodque idem Magr’ Custod’ myster’ predict’ -vel aliqui duo eorum quorum Magistrum pro tempore existenti unum esse -volumus quoties eis opportunum & necessarium fore videbitur convocare & -tenere infra eandem Aulam sive domum quandam Curiam sive Convocationem -de eisdem Magistro Custod’ & Assistent’ predict’ ad numerum tredecem -personarum vel plurium (quorum Magistrum & unum Custod’ myster’ & -societat’ predict’ pro tempore existen’ ut prefertur duos esse volumus) -ad libitum & licite possint & valeant perpetuis futuris temporibus. -Quodque in eadem Curia sive Convocatione tractare referre consultare -consulere & decernere valeant & possint de Statutis Legibus Articulis -Ordinationibus & Constitutionibus myster’ & societat’ predict’ ac bonum -regimen statum & gubernationem eorundem tangen’ & concernen’ juxta eorum -sanas discretiones vel juxta sanas discretiones majoris partis eorundem -(quoram magistrum & unum Custod’ myster’ & societat’ predict’ pro -tempore existen’ duos esse volumus) sic ut prefertur congregat’. Et -ulterius volumus ac per presentes pro nobis hered’ & successor’ nostris -concedimus prefat’ Magistro Custod’ & Societati artis sive mysterii -Pharmacopol’ Civitat’ London & successoribus suis quod Magister Custodes -& Assistantes myster’ predict’ pro tempore existen’ ad numerum tredecem -personarum vel plurium (quorum predict’ Magistrum pro tempore existen’ -unum esse volumus) super Summonitionem publicam inde fiend’ ad hoc -congregat’ in Aula sive domo societatis predict’ habeant & habebunt -plenam potestatem facultatem & authoritatem condend’ constituend’ -ordinand’ & faciend’ de tempore in tempus Leges Statuta Constitutiones -Decreta & Ordinationes rationabiliter inscript’ quecunque que eis aut -majori parti eorundem (quorum Magistrum myster’ & societatis predict’ -pro tempore existen’ unum esse volumus) bona salubria utilia honesta & -necessaria juxta eorum sanas discretiones fore videbuntur pro bono -regimine & gubernatione eorundem Magisti Custod’ Assisten’ & societatis -myster’ Pharmacopol’ predict’ ac omnium & singulorum aliar’ personar’ -artem sive myster’ Pharmacopol’ infra Civitat’ London predict’ -libertates & suburbia ejusdem ac infra septem Miliaria ejusdem Civitat’ -exercent’ & occupant’ ac pro declaratione quo modo & ordine iidem -Magister Custodes & Societas ac omnes & singuli Apprenticii Officiar’ & -Ministri myster’ & societat’ predict’ in officiis functionibus minister’ -Tyrociniis artific’ & negotiis suis infra Civitat’ predict’ ac -libertates & suburbia ejusdem ac infra septem miliaria ejusdem Civitat’ -sese habebunt gerent & utentur pro uberiori bono publico communi -utilitate & bono regimine myster’ & societat’ predict’ ac gubernatione -earundem ac rebus & causis aliis quibuscunque myster’ & societat’ -predict’ tangen’ seu quoquo modo concernen.’ PROVISO semper quod pro tot -& tal’ Ordinationibus que medicamenta aut compositiones & usum earundem -concernent’ advocabunt de tempore in tempus President’ & quatuor -Censores seu Gubernat’ Colleg’ & Communitat’ Medicorum London aut alios -Medicos per Presidentem predict’ nominand’ pro avisamento in hac parte. -Quodque iidem Magister et Custodes & Assistantes myster’ predict’ pro -tempore existen’ ad numerum tredecim personarum vel plurium (quorum -Magistrum myster’ predict’ pro tempore existen’ unum esse volumus) -quotiescunque hujusmodi Leges institutiones Jura Ordinationes & -Constitutiones fecerint condidirint ordinaverint vel stabiliverint -hujusmodi & tales penas punitiones & penelitat’ per fines & amerciamenta -vel per eorum utrumque erga & super omnes delinquentes contra hujusmodi -Leges Institutiones Jura Ordinationes & Constitutiones sive eorum -aliquod sive aliqua qual’ & que eisdem Magistro Custod’ & Assisten -myster’ predict’ pro tempore existen’ vel majori parte eorundem (quorum -Magistrum myster’ & societatis predict’ pro tempore existen’ unum esse -volumus) necessor’ requisit’ & opportun’ pro observatione earum legum -ordinationum & constitutionum melius fore videbitur facere ordinare -limitare & providere possint. Ac quod iidem Magister Custodes & societas -myster’ predict’ & successores sui eadem fines et amerciamenta per -ministros proprios eorundem Magistri Custod’ & Societatis pro tempore -existem’ per discretionem vel aliter secundum leges & consuetudines -regni nostri Anglie levare habere & capere possint & valeant ad usum -Magistri Custodum & societat’ predict’ & successor’ suorum absque -impedimento nostri heredum & successor’ nostrorum aut alicujus vel -aliquorum Officiar’ vel Ministror’ nostror’ heredum vel sucessor’ -nostrorum & absque aliquo computo nobis heredibus vel successor’ nostris -inde reddend’ seu faciend’. Que omnia & singula Ordinationes Jura & -Constitutiones sic (ut prefertur) fiend’ observari volumus sub penis in -iisdem continend’. Ita tamen quod leges constitutiones fines & -americamenta hujusmodi sint rationabilia & non sint repugnan’ nec -contrarian’ legibus Statut’ consuetudinibus sive Juribus regni nostri -Anglie. Et pro meliori executione voluntatis & concessionis nostri in -hac parte assignavimus nominavimus creavimus & constituimus dilectos -nobis predictum Edmund’ Phillips fore & esse primum & modern’ Magistrum -artis sive myster’ & societat’ predict’ ac etiam predict’ Stephanum -Higgins & Thomam Jones fore & esse primos & modernos Custodes mysterii & -societatis predict’ continuand’ in eisdem officiis a dat’ presentium -usque ad vicessimum diem Augusti proxim’ sequen’ & deinde quousque tres -alii ad officia illa Magistri & Custodum artis sive mysterii & -societatis predict’ debito modo electi & perfecti fuerint juxta -ordinationes & provisiones in hiis presentibus express’ & declarat’ si -iidem Edmundus Phillips, Stephanus Higgins & Thomas Jones tam diu -vixerint (nisi interim pro mala gubernatione aut male se gerend’ in ea -parte aut pro aliqua alia causa rationabili ab officiis illis amoti -erunt aut eorum aliquis amotus erit.) Et assignavimus eciam ac -nominavimus creavimus constituimus & fecimus ac per presentes pro nobis -heredibus & successoribus nostris assignamus creamus nominamus -constituimus & facimus dilectos nobis predict Johannem Wolfgangfumler * -* &^{ci} * * in arte & mysterio Pharmacopol’ edoct’ educat’ & expert’ -fore’ & esse primos et modernos Assistentes ejusdem mysterii & -societatis Pharmacopol’ continuand’ in eisdem officiis & locis durant’ -vitis suis naturalibus nisi interim pro mala qubernatione seu male se -gerend’ in ea parte aut pro aliqua alia causa rationabili amoti fuerint -aut eorum aliqui vel aliquis amotus erit vel amoti erunt. Qui quidem -Assistentes mysterii & societat’ predict’ sacrimenta sua corporalia -coram Francisco Bacon Milite Attornat’ nostro General’ Henrico Yelverton -Milite Solicit’ nostro generali Theodoro de Mayerne & Henrico Atkins in -Medicinis Doctoribus & Johanne Towneley Armigero vel coram duobus eorum -Quibus quinque vel eorum duobus plenam potestatem & authoritatem -sacramenta predict’ Assisten’ myster’ predict’ dare & administrare damus -& concedimus per presentes infra quadraginta dies post dat’ presentium -ad officia sua predict’ bene & fideliter exequend’ prestabunt. Ac eciam -predict’ Magister myster’ predict’ & Custodes myster’ & societat’ -predict’ sacramenta sua corporalia coram Assisten’ myster’ predict’ vel -majore parte eorundem infra quinquaginta dies post dat’ presentium bene -& fideliter ad dictum officium Magistri & Custod’ myster’ & societat’ -predict’ exequend’ in omnibus eisdem Officiis tangen’ seu concernen’ -prestabunt. Et sic de tempore in tempus toties quoties Magister & -Custodes Myster’ & Societatis predict’ elect’ & perfect’ fuer’ antequam -ad executionem predict’ Officii admittantur seu eorum aliquis -admittatur. - -Et ulterius volumus ac per presentes pro nobis hered’ & successor’ -nostris concedimus prefat’ Magistro Custod’ & Societati mysterii -Pharmacopol’ predict’ & successor’ suis quod Magister Custodes & -Assistentes Mysterii & Societatis predict’ pro tempore existen’ & -successor’ sui ad numerum tredecim personar’ vel plurium (si tot -convenienter congregari possint) de tempore in tempus perpetuis futuris -temporibus potestatem & authoritatem habeant & habebunt annuatim & -quolibet anno imperpetuum in & super vicessimum diem Augusti vel infra -octo dies proxim’ post dictum vicessimum diem Augusti eligend’ & -nominand’ Et quod eligere & nominare possint & valeant tres de -probioribus & discretioribus hominibus Societatis predict’ quorum unus -erit Magister & alteri duo erunt Custodes Mysterii & Societatis predict’ -pro uno anno integro tunc proxim’ sequen’ & deinde quosque tres alii -probi & discreti homines myster’ predict’ elect’ & prefect’ fuerint -juxta Ordinationes & Provisiones in hiis presentibus express’ & -declarat’. - -Et ulterius volumus & per presentes pro nobis heredibus & successor’ -nostris concedimus prefatis Magistro Custod’ & Societati Myster’ -Pharmacopol’ Civitat’ London predict’ & Successor’ suis Quod si -contigerit Magistrum & Custodes myster’ & Societat’ predict’ aut eorum -aliquos vel aliquem aliquo tempore infra unum annum postquam ad Officia -Magistri & Custod’ Myster’ & Societatis predict’ sic ut prefertur elect’ -& prefect’ fuerint aut eorum aliquis vel aliqui fuerit vel fuerint obire -aut ab officiis amoveri (quos quidem Magistrum & Custodes ac eorum -quemlibet pro mala gubernatione aut pro aliqua causa rationabili per -reliquos Magist’ et Custod’ non offenden’ vel delinquentes & Assistentes -myster’ & societatis predict’ pro tempore existen’ ad numerum tredecim -personar’ vel plurium de tempore in tempus amobiles esse volumus) quod -tunc & toties bene liceat & licebit tantis & tot eorundem Magist’ -Custod’ & Assistent’ qui adtunc supervixerint vel remanserint ad numerum -tredecim personarum vel plurium ad libitum suum unum alium vel plures -alios in Magistrum & Custodem vel Custodes Myster’ & Societatis predict’ -eligere & preficere secundum ordinationem & provisionem in hiis -presentibus declarat’ ad exequend’ & exercend’ prefat’ officia Magistri -& Custod’ myster’ & societatis predict’ usque ad vicessimum diem Augusti -tunc proxim’ sequen’ vel infra octo dies ante vicessimum diem Augusti & -exinde quousque tres alii probi & discreti homines myster’ & societatis -predict’ elect’ & nominat’ erunt juxta ordinationes & provisiones in -hiis presentibus declarat’ & express’ & sic toties quoties casus sic -acciderit. - -Et ulterius volumus ac per presentes pro nobis heredibus & successor’ -nostris ordinamus & concedimus prefat’ Magist’ Custod’ & societati -mysterii predicti & suceessor’ suis quod quandocunque contigerit aliquem -vel aliquos de predict’ viginti & uno Assisten’ pro tempore existen’ -myster’ & societatis predict’ obire aut pro aliqua causa rationabili ab -officiis suis Assisten’ myster’ & societatis predict’ amoveri (quos -quidem Assistentes & eorum quemlibet se non bene gerentes aut gerentem -in officiis illis aut pro aliqua alia causa rationabili de tempore in -tempus per Magistrum Custod’ & Assisten’ ad numerum tredecim personar’ -vel plurium qui adtunc remanserint vel supervixerint amobiles esse -volumus) ad libitum suum de tempore in tempus unum alium vel plures -alios de probioribus & dignioribus personis existen’ de myster’ & -societat predict’ in locum sive loca ipsius Assistentis vel ipsorum -assistentium myster’ & societatis predict’ sic mori vel amoveri -contingen’ vel contingent’ eligere nominare & preficere ad supplend’ -predictum numerum viginti & unius Assistentium predict’. Quodque ille -sive illi posquam sic (ut prefertur) elect’ & nominat’ fuerit vel electi -& nominati fuerint antequam ad executionem predict’ officii Assistentis -vel Assistentium myster’ & societat’ predict’ admittantur sive eorum -aliquis admittatur Sacrimentum Corporale super sacrosanct’ Evangel’ -coram Magistro & Custod’ Myster’ & Societat’ predict’ pro tempore -existen’ ad officia illa recte bene fideliter & honeste exequend’ & ad -ea omnia secreta tenend’ que in Cur’ Assisten’ presentia ipsius vel -ipsorum erunt communicat’ vel colloquut’ prestabit & prestabunt & sic -toties quoties casus acciderit. - -Damus insuper ac per presentes pro nobis heredibus & successor’ nostris -concedimus prefatis Magistro Custod’ & Societat’ artis & myster’ -Pharmacopolar’ predict’ & successor’ suis quod Magister & Custodes -myster’ & societat’ predict’ pro tempore existen’ habeant & habebunt -plenam potestatem & authoritatem de tempore in tempus ad tradend’ & -ministrand’ Sacramentum Corporale super sacrosanct’ Evangelium tam -omnibus Magistris Custod’ & Assisten’ myster’ & societat’ predict’ -imposterum eligend’ & in eadem officia sive loca ut prefertur admittend’ -ac omnibus Offician’ myster’ & societat’ predict’ pro debit’ executione -officior’ suor’ recte bene & fideliter in omnibus separatim officia sua -tangen’ sive concernen’ quam omnibus Apprenticiis ac aliis liberis -hominibus myster’ predict’ quibuscunque. - -Et ulterius ut nos subditor’ nostror’ saluti ac bono publico quantum in -nobis est consulamus ac ut pericula & incommoda illa assidue accidentia -per imperitos & inexpertos dolosos & improbos homines artem Pharmacopol’ -predict’ exercen’ melius devitentur volumus & de gratia nostra speciali -certa scientia & mero motu nostris per presentes pro nobis heredibus & -successor’ suis quod non liceat aut licebit deinceps imposterum alicui -persone vel aliquibus personis quibuscunque jam existen’ aut imposterum -futuris liberis hominibus myster’ Grocer’ predict’ aut aliquar’ aliar’ -artium facultat’ sive myster’ in civitate London ac in eisdem arte -facultate sive myster’ educat’ vel educand’ officinam vel shoppam -Pharmacopol’ instruere tenere vel habere aut medicamenta quecunque -facere miscere condere componere preparare propinare applicare aut -administrare aut ulla medicamenta composita aut compositiones -medicinales viz aquas distillatas compositas, vel olea chymica, -apozemeta, syrapos conservas eclegma, electuaria, condita medicinabilia, -pilulas, pulveres, trochiscos, olea, unguenta, emplastra ullo modo -divendere propalare edere exercere aut venditioni aliqui personæ vel -aliquibus personis quibuscunque exponere aliter quocunque modo arte -facultate sive myster’ Pharmacopol’ aut aliqua ejus parte uti aut -exercere infra septem miliaria ejusdem Civitat’ sub pena quinque -librarum pro quolibet mense quo hujusmodi persona sive persone artem & -myster’ Pharmacopol’ (ut prefertur) exerceat aut exerceant contra veram -intentionem harum Litter’ Paten’. Que quidem forisfactur’ & penalit’ per -districtionem vel per actionem debiti in nomine Custodis Junioris pro -tempore existen’ prosequi aut aliter in aliquibus Curiis nostris apud -Westm’ de tempore in tempus leventur & recuperentur dimidium inde ad -usum predict’ Magistri Custod’ & Societatis myster’ Pharmacopol’ -capiend’ & applicand’. - -Volumus eciam ac per presentes pro nobis heredibus & successoribus -nostris concedimus prefat’ Magistro Custod’ & Societati myster’ -Pharmacopol’ Civitat’ London predict’ & successor’ suis quod nulla -persona sive persone quecunque officinam aut shopam Pharmacopol’ habeat -teneat aut instruat habeant instruant aut artem sive myster’ -Pharmacopol’ exerceat aut exerceant aut quecunque medicamenta faciat -misceat condat componat preparet propinet applicat administret ant ulla -medicamenta composita aut compositiones ullo modo divendere propalare -edere exercere aut venundare alicui persone vel aliquibus personis -quibuscunque infra Civitatem London & libertat’ ejusdem aut infra septem -miliaria ejusdem Civitat’ nisi hujusmodi persona & persone per spatium -septem annorum ad minus ut Apprenticius vel Apprenticii cum aliquo vel -aliquibus Pharmacopol’ eandem artem exercen’ & libero homine ejusdem -mysterii existen’ educat’ instruat’ & edoct’ fuit vel fuerint. Et -postquam hujusmodi septem anni servicii sive Tyrocinii (ut prefertur) -fuerint elapsi & extract’ Quod tunc unusquisque talis Apprenticius coram -Magistro & Custod’ pro tempore existen’ appareat & presentetur. Ac per -eosdem Magistrum & Custod’ (advocat’ sibi Presdent’ Collegii seu -Communitat’ facultat’ medicine London pro tempore existen’ aut aliquo -medico aut aliquibus medicis per dictum Presidentem nominand’ & ad hoc -de tempore in tempus assignand’ si super monitionem inde fact’ tal pred’ -medicus vel tal’ predicti Medici adesse voluerint vel voluerit & -advisament’ cum eodem vel eisdem habit’) circa cognitionem & electionem -Simplicium & circa medicament’ preparationem dispensationem tractationem -commixtionem & compositionem examenetur probetur tentetur ac per eosdem -Medicos Magistrum & Custodes spectatus & approbatus fuerit priusquam -officinam Pharmacopol’ habere tenere instruere aut medicamenta quecunque -preparare facere permiscere condere componere propinare administrare -propalare edere exercere divendere aut venditioni exponere aut aliter -quocunque modo artem Pharmacopoli aut aliquem ejusdem partem exercere -infra Civitatem London & libertat’ ejusdem aut infra septem miliaria -ejusdem Civitat’ presumat. - -Ac ulterius de uberiori gratia nostra speciali & ex certa sciencia & -mero motu nostris pro meliori regimine & gubernatione omnium & singular’ -personarum que modo exercent aut imposterum exercebunt artem sive -myster’ Pharmacopol’ Civitat’ London seu suburbia ejusdem vel infra -septem miliaria ejusdem Civitatis dedimus & concessimus ac per presentes -pro nobis heredibus & successoribus nostris damus & concessimus prefat’ -Magistro Custod’ & Societati myster’ Pharmacopol’ Civitat’ London -predict’ & successor’ suis Quod Magist’ & Custod’ myster’ predict’ pro -tempore existen’ & successores sui de cetero imperpetuum plenam -potestatem & authoritatem habeant & habebunt de tempore in tempus capere -& habere supervis’ scrutinium examinationem gubernationem & correctionem -omnium & omnimod’ tam liberorum hominum quam alior’ quorumcunque uten’ -sive exercen’ artem myster’ sive facultat’ Pharmacopol’ aut aliquam (ut -prefertur) ejusdem partem infra dictam Civitat’ nostram London libertat’ -& suburbia ejusdem Civitat’ tam infra libertates quam extra ubi aliqua -persona uten’ sive exercen’ artem mysterium sive facultatem Pharmacopœie -aut aliquam ejusdem partem inhabitabit aut commorabit seu inhabitare & -commorare contigerit Quodque iidem Magist’ & Custod’ & eorum successores -aut eorum aliqui vel aliquis aut aliqui Assisten’ per Magistrum & -Custod’ nominand’ & assignand’ temporibus congruis & convenien’ ac modo -& forma convenien’ & legitim’ de tempore in tempus quoties iisdem -Magistro & Custodibus videbitur expedire ingredi & intrare possint & -valeant in aliquam vel aliquis officinam vel officinas shopam vel shopas -domum vel domos aliquar’ personar’ sive alicujus persone cujuscunque -uten’ sive exercen’ artem sive myster’ Pharmacopol’ aut aliquam ejusdem -partem infra Civitat’ London Suburbia & ejusdem libertat’ predict’ aut -infra septem miliaria ejusdem Civitat’ tam infra libertat’ quam extra -ubi aliqua medicamenta simplicia vel composita merces drogma recept’ -aque distillat’ olea chymica syrupi conserve eclegmata electuar’ pilule -pulveres trochisci olea unguenta emplastra aut aliqua alia quecunque que -ad artem sive mysterium Pharmacopol’ (ut prefertur) pertinent sive -spectant probabiliter sive verisimiliter inveniri poterint Et ad -supervidend’ scrutinand’ & proband’ si eadem medicamenta simplicia vel -composita merces drogma recept’ aque distillat’ olea chymica syrupi -conserve eclegmata electuaria pilule pulveres trochisci olea unguenta -emplastra aut aliqua alia quecunque ad artem sive mysterium Pharmacopol’ -predict’ pertinent’ sint aut erunt bona salubria medicinabilia apta & -idonea ad Curam salutem & relevamen subditor’ nostror’ Ac eciam quod -prefat’ Magister & Custod’ myster’ predict’ & Assisten’ predict’ pro -tempore existen’ ad hoc per Magistrum & Custod’ nominand’ & assignand’ & -successores sui de tempore in tempus plenam potestatem & authoritatem -habeant & virtute presentium habebunt ad examinand’ & proband’ omnes & -singulas personas profiten’ uten’ sive exercen’ aut qui imposterum -profitebuntur utentur aut exercebunt artem sive myster’ Pharmacopol’ aut -aliquam ejusdem partem infra predict’ Civitat’ London suburbia aut -libertates ejusdem aut infra septem miliaria ejusdem Civitat’ tam infra -libertates quam extra de & concernen’ eorum cujuslibet cognitione & -scientia in predit’ arte sive myster’ Pharmacopol’ Et ad omnes illos -quos imposter’ aut imperit’ inscient’ & insufficientes vel ad examinand’ -vigore presentium obstinatos & repugnant’ in arte & myster’ predicto -invenient ab exercitio usu & pract’ myster’ sive artis predict’ amovend’ -& prohibend’ Nec non ad omnia & singula medicamenta merces drogma -recept’ aquas distillat’ olea chymica syrupos conservas eclegmata -electuaria pilulas pulveres trochiscos olea unguenta & emplastra -ceteraque omnia & singula ad artem predict’ pertinentia que falsa -illegitima adulterat’ inveterat’ exoleta insalubria corrupta -immedicinabilia perniciosa aut nociva inveniunt ante delinquentium fores -comburend’ mulctamque eciam ac al’ penas & penalitat’ per fines & -amerciamenta in tales delinquentes statuant exponant & exequantur -secundum eorum sanas discretiones & ordinationes per ipsos & successores -suos sic (ut prefertur) fiend’ & constituend.’ - -Volentes ac per presentes pro nobis heredibus & successor’ nostris -firmiter injungend’ precipientes & mandentes omnibus & singulis -Majoribus Justiciar’ Ballivis Constabular’ & omnibus aliis officiar’ -ministris & subditis nostris quibuscunque quod sint assistentes -auxiliantes & confortantes prefat’ Magistro Custod’ & Assistan’ myster’ -& societates Pharmacopol’ predict’ & eorum cuilibet & successor’ suis ad -faciend’ gaudend’ habend’ & exequend’ ea omnia & singula per nos prefat’ -Magistro Custod’ & Societati & Successor’ suis per has literas nostras -Paten’ concess’ & quamlibet sive aliquam inde partem & parcell’. - -Et ulterius volumus ac per presentes de ampliori gratia nostra speciali -certa scientia & mero motu nostris pro nobis hered’ & successor’ nostris -concedimus prefat’ Magistro Custod’ & Societati myster’ Pharmacopol’ -Civitat’ London predict’ & successor’ suis Quod ipsi prefati Magist’ -Custodes & Societas myster’ Pharmacopol’ predict’ habeant teneant -retineant & gaudeant ac habere retinere & gaudere valeant & possint tot -tanta talia eadem hujusmodi & consimil’ Franches’ privilegia -consuetudines immunitates acquietan’ profima commoditates increment’ -advantag’ & emolumenta quecunque in aromatibus Pharmacis Drogmis & aliis -rebus & materiis quibuscunque ad artem sive myster’ Pharmacopol’ -spectan’ & pertinen’ emend’ mercand’ seu comparan’ quot’ quant’ qual’ & -que ac in tam amplis modo & forma prout antehac unquam habuerunt -tenuerunt & gavisi fuerunt aut habere gaudere & tenere aliquo modo -debuerunt quando cum predict’ liberis hominibus myster’ Grocer’ -remanser’ ac unum Corpus corporatum & Politicum promiscue & indivisim -cum eisdem fecerunt & fuerunt. - -Et ulterius volumus ac per presentes pro nobis heredibus & successor’ -nostris concedimus & licentiam specialem liberamque & licitam facultat’ -potestatem & authoritatem damus prefat’ Magistro Custod’ & Societati -mysterii sive artis Pharmacopol’ predict’ & successor’ suis habend’ -recipiend’ & perquirand’ sibi & successor’ suis imperpetuum’ maner’ -messuag’ terr’ tenementa prata pascua pastur’ boscos subboscos Rectorias -Decim’ reddit’ reversiones & alia hereditamenta quecunque infra regnum -nostrum Anglie seu alibi infra dominia nostra tam de nobis heredibus & -successor’ nostris quam de aliqua alia persona sive aliquibus aliis -personis quicunque (que de nobis hered’ & successor’ nostris non -tenentur immediate in Capite vel per servicium militare) dummodo eadem -maner’ messuag’ terr’ tenementa prat’ pasc’ pastur’ bosc’ subbosc’ -Rector’ decim’ reddit’ reversion’ servic’ & hereditamenta sic per ipsos -habend’ recipiend’ & perquirend’ non excedant in toto clarum annuum -valorem quadragint’ librarum per ann’ ultra omnia onera & repris’ -Statut’ de terr’ & tenementis ad manum mortuam non ponend’ aut aliquo -Statuto Actu Ordinatione vel Provisione antehac fact’ ordinat’ sive -provis’ aut aliqua alia re causa vel materia quacunque in contrarium -inde in aliquo modo non obstan’. - -Damus eciam & per presentes pro nobis hered’ & successor’ nostris -concedimus cuicunque subdito nostro sive aliquibus subditis nostris -hered’ & successor’ nostrorum licentiam specialem liberamque & licitam -potestatem facultatem & authoritat’ Quod ipsi sive eorum aliquis sive -aliqui maner’ messuag’ terr’ tenementa prat’ pasc’ pastur’ bosc’ -subbosc’ Rect’ decim’ reddit’ reversiones servicia & alia hereditamenta -quecunque que non tenentur de nobis hered’ & successor’ nostris -immediate in Capite vel aliter per servic’ militare prefatis Magistro -Custod’ & Societati mysterii predict’ & successor’ suis dare concedere -vendere legare vel alienare possint & valeant. Ita quod omnia predict’ -Maner’ Messuag’ terr’ tenementa prat’ pasc’ pastur’ bosc’ subbosc’ -Rector’ decim’ reddit’ reversiones servicia & alia hereditamenta sic -eisdem Magistro Custod’ & Societati myster’ & artis predict’ & -successor’ suis virtute presentium dand’ concedend’ legand’ vel -alienaud’ non excedant in toto clarum annuum valorem quadragint’ -librarum per ann’ ultra omnia onera & repris’ Statut’ de terr’ & -tenement’ ad manum mortuam non ponend’ aut aliqua alia re causa vel -materia quacunque antehac habit’ fact’ edit’ ordinat’ sive provis’ in -contrarium inde in aliquo non obstant’. - -Volumus eciam & per presentes pro nobis hered’ & successor’ nostris -concedimus prefatis Magistro Custod’ & Societati myster’ sive artis -Pharmacopol’ Civitat’ London’ predict’ & successor’ suis Quod prefat’ -Magist’ Custod’ & Assisten’ pro tempore existen’ vel eorum successor’ -vel major pars eorundem de cetero imperpetuum nominare & eligere possint -unum probum & idoneum virum qui erit & nominabitur Communis Clericus -Societatis predict’ Quodque talis Clericus antequam ad officium illud -exequend’ admittatur Sacramentum Corporale coram Magistro & Custod’ -Societatis predicte pro tempore existen’ ad officium illud predictum -secundum ejus scienciam in omnibus illud tangen’ recte & fideliter -exequend’ prestabit. Et quod post hujusmodi Sacramentum sic prestitum -officium illud exerceat & utatur durante beneplacito Magistri Custod’ & -Assisten’ societatis predict’ pro tempore existen’ aut majoris partis -eorundem quorum Magist’ artis & myster’ predict’ pro tempore existen’ -unum esse volumus. - -Ac ulterius volumus ac per presentes pro nobis hered’ & successor’ -nostris concedimus prefatis Magistro Custod’ & Societati myster’ -Pharmacopol’ predict’ & successor’ suis quod prefat’ Magist’ Custodes & -Assistentes pro tempore existen’ & eorum successores vel major pars -eorundem de tempore in tempus de cetero nominare & eligere possint & -valeant unum aptem & idoneum hominem qui erit & nominabitur Bedell’ -societatis predict’. Quodque talis Bedell’ sic (ut prefertur) electus & -nominat’ antequam ad officium illud exequend’ admittatur Sacramentum -Corporale coram Magistro & Custod’ Societatis predict’ pro tempore -existen’ ad officium illud predictum in omnibus illud tangen’ recte & -fideliter exequend’ prestabit. Et quod post hujusmodi Sacramentum sic -prestitum officium illud exerceat & teneat duran’ beneplacito Magistri -Custod’ & Assisten’ predict’ & Successor’ suor’ pro tempore existen’ -(quorum Magistrum artis & myster’ predict’ pro tempore existen’ unum -esse volumus.) - -Et denique volumus ac regiam nostram intentionem esse per presentes -declaramus quod he Litere nostre paten’ seu aliquod in eis non cedent in -prejudicium Presidentis & Collegii sive Communitatis Medicor’ Civitat’ -London nec ad eorum Presidentis & Collegii sive Communitatis & -Successor’ suor’ Jurisdictionem authoritatem supervis’ aut correctionem -in Pharmac’ Civitat’ London tollend’ infringend’ aut dirimend’. Sed quod -iidem Presidens & Communitas Medicor’ omnesque & singuli medici de eodem -Collegio sive Communitate & Successores sui sicut & Medici Regis Regine -& Principum imposserum debeant & pro arbitrio suo possint artem medicam -in omnibus suis partibus exercere & insuper gaudebunt utentur & fruentur -& gaudere uti & frui valeant & possint eisdem & consimil’ -Jurisdictionibus authoritat’ supervis’ & Correctionibus ac omnibus aliis -potestatibus privileg’ & libertat’ qualibus unquam antehac Pharmacopol’ -usi & gavisi fuerunt & preterea generaliter omnibus aliis authoritatibus -privilegiis & potestatabus ipsis quandocunque vel quacunque de causa -antehac concess’ ratione vel pretextu aliquar’ Literar’ Paten’ per nos -seu per aliquos vel aliquem progenitor’ nostror’ aut ratione vel -pretextu alicujus Actus Parliament’ vel aliquor’ Actuum Parliamentor’ -aut aliquo alio regali modo quocunque eisdem President’ & Collegio sive -Communitat’ Medicor’ & Successor’ suis dat’ concess’ seu confirmat’ -Volumus nihilominus & ordinamus per presentes quod in quocunque casu -Presidens & Colleg’ habebunt gaudebunt & exercebunt consimilem -potestatem & authoritatem advocandi sibi Magistrum & Custodes -Pharmacopol’ predict’ Absque eo quod omnino licebit imposterum eisdem -Medicis aliquos myster’ Grocer’ predict’ advocare ad hujusmodi -scrutinium Aliquo in hujusmodi Statut’ in contrarium in aliquo non -obstant’. Proviso eciam quod he Litere nostre Patentes seu aliquod in -eisdem concess’ aut content’ non cedent in prejudicium Civitat’ nostre -London seu libertat’ ejusdem neque ullo modo derogabunt libertat’ -Franches’ Regimin’ Jurisdiction’ aut consuetud’ ejusdem Civitatis. - -Et denique volumus & intentionem nostram esse declaramus quod Chirurgi -experti & approbati eorum artem facultatem exercere possint omnesque & -singuli eorum practica sibi propria uti & frui valeant quantum ad -compositionem & applicationem medicamentor’ externor’ solumodo pertinet -& spectat. Ita tamen ut ea medicamenta minime vendant aut venditioni -aliis exponant secundum morem vulgarem Pharmacopol’ Civitat’ nostre -London Eo quod expressa mentio de vero valore annuo aut de certitudine -premissor’ sive eorum alicujus aut de aliis donis sive concessionibus -per nos seu per aliquem Progenitor’ vel Antecessor’ nostror’ prefat’ -Magistro Custod’ & Societati myster’ Pharmacopol’ Civitat’ London -predict’ ante hec tempore fact’ in presentibus minime fact’ exist’ seu -aliquo Statuto Actu Ordinatione Provisione Proclamatione sive -Restrictione in contrarium inde antehac habit’ fact’ edit’ ordinat’ seu -provis’ aut aliqua alia re causa vel materia quacunque in aliquo non -obstant’. In cujus rei testimonium has Literas nostras fieri facimus -Patentes. Teste meipso apud Westm’ Tricessimo die Maii Anno Regni Nostri -Anglie Franc’ & Hibernie tertio decimo & Scocie quadragesimo octavo. - - Per breve de privato sigillo. - - CARTRIGHT. - - NOTE. The e for æ in quæ &^c and the c for t in etiam &^c are so printed - in our original. - - - - - Royal Letter to the College of Physicians. - -CHARLES R - - Trusty & welbeloved wee greet you well - -Whereas we have been informed That there are several pretended -Physicians & Doctors graduated in the Universitys beyond the Seas who by -indirect means endeavour to be received into that our Royal Colledge as -Honorary Fellows, without incorporation into either of our Universities -or previous Examination & approbation, according as it is expressly -required by y^e Statutes to y^e great prejudice of y^e ffellows of or -said Colledge & their Successors & of the Priveledges & immunityes -granted to them by or Royal predicessors & orself. Wee having taken the -same into or Royal Consideration have thought fit _to signifye or -pleasure_ to you, & doe accordingly _direct you_ not to admit any person -whatever as a Fellowe of the Society & to enjoy y^e priviledges of or -s^d Colledge that hath not had his Education in either of or -Universityes of Oxford or Cambridge kept his Act for D^r in Physick & -don his Exercises accordingly, or that is not encorporated & licenced -there haveing first taken the Oathes of Allegiance & Supremacy, & -haveing been by you afterward examined & approved of according to the -Statutes. And to the Intent this or pleasure may be the better observed -wee doe likewise _hereby require you_ to cause these or Letters to be -entered upon the Registe of or said Colledge & so wee bid you ffarewell, -Given at or Court at Whitehall Febr. 12^{th} 1674 in the 26^{th} year of -or Reighn. - - T. WILLIAMSON. - - - - - To our trusty and well beloved the Lord Mayor of our City of _London_ - for the time being and to the Deputy Lieutenants and Commissioners of - the Militia of London and Westminster that now are and hereafter shall - be, and to all other Officers and Ministers whom it may concern. - - CHARLES R - - Whereas in conformity to several Grants and Charters made by our -Royal Progenitors Kings of _England_ unto the College of Physicians in -our City of _London_, We have been pleased of our especial Grace and -favour to confirm all their ancient Privileges and humanities (with the -addition of some further Powers and Clauses for the regulation of that -faculty) by our Letters Patent bearing date the 26th of March in the -15th year of our Reign; Wherein amongst other things it is expresly -provided and by us granted that every Physician who is or shall be a -Member of the said College be free and exempt and discharged of and from -all Watch and Ward, and of and from bearing and providing Arms within -our Cities of _London_ and _Westminster_ or of either of them or within -7 miles compass thereof: We have thought fit hereby to acquaint you -therewith and with our pleasure thereupon; Willing and Requiring you in -your several Places and Stations to give effectual orders from time to -time that the said exemption from Watch and Ward and from bearing and -providing Arms be now and hereafter punctually observed in favour of the -Members of the said College within the limits aforesaid; And that you -suffer them not to be any wise molested on that behalf And for so doing -this shall be your Warrant. Given at our Court at _Whitehall_ the 28th -day of June 1665 in the seventeenth year of our Reign. - - By his Majestie’s Command - WILLIAM MORICE. - - - - - College Questions resolved by the Lord Chancellor and Judges in the - fifth of King _James_ his Reign An. Dom. 1607 - - - The Kings most Excellent Majesty having directed his Letters to the -Right honourable Thomas Lord Ellesmere, Lord Chancellor of England, and -to Sir John Popham Knight, Lord Chief Justice of England and one of his -Highnesses most honourable Privy Council, They the said Lord Chancellor -and Lord Chief Justice by virtue of the same Letters called unto them -Sir Thomas Fleminge Knight, then Lord Chief Baron of his Majesty’s Court -of Exchequer, Sir Thomas Walmesley & Sir Peter Warburton, Knights, two -of his Majesty’s Justices of the Court of Common Pleas, and Sir David -Williams and Sir Laurence Tanfield Knights two of his Majesties Justices -of the King’s Bench, and after due consideration had both of the Charter -of King Henry the eighth made unto the said President and College of -Physicians in the tenth year of his Reign, and several Acts of -Parliament thereof made, one in the fourteenth year of the same King, -and the other in the first year of Queen Mary, for the ordering and -governing of the said College and of all the Practisers in _London_ and -seven miles compass, did on the first of May 1607 at the house of the -said Lord Chancellor called _York_ House, resolve the several questions -hereafter mentioned, as is expressed under every Question. - -Quest. 1. Whether Graduates of Oxford and Cambridge may practise in -_London_ or seven miles compass of the same without licence under the -said College Seal, by virtue of the clause in the end of the Statute of -14. H. 8. and whether that clause hath not relation to the Statute of 3. -H. 8. onely, or how far it doth extend? - -Resp. All resolved, that no Graduate that is not admitted and licenced -by the President and College of Physicians under their Common Seal, -could practise in London or within 7 miles compass of the same. - -Quest. 2. Whether, by Graduates, Graduates in Physick onely are to be -understood?—— - -Resp. They resolved That the exception in the Statute of 14. H. 8. cap. -5. of Graduates in the two Universities, is to be understood onely of -Graduates of Physick and of no others. And all resolved, That by that -exception those Graduates may practise in all other places of _England_ -out of _London_ and 7 miles of the same without examination; But not in -_London_ nor within the said Circuit of 7 miles. - -Quest. 3. If Graduates not admitted to practise in _London_ practise -there, whether, for evil practice or misdemeanor therein, they be not -subject to the Corporation and Government of the College? - -Resp. They all agreed, That they are subject to the Government and -correction of the College by an express Clause of the said Charter -enacted which giveth to the President and College _Supervisionem -Scrutinium, Correctionem & Gubernationem_ as well of all persons using -the practise of Medicine within the City &c. - -Quest. 4. If they may not practise without admission of the College (as -their Letters Patents plainly import) Then whether such Graduates are -not subject to the examination, without which there were never any -admitted; and without which the admission cannot be approved; because -every Graduate is not absolutely good _ipso facto_? - -Resp. It was resolved by all That all that practised or should practise -Physick either in _London_ or within the compass of seven miles of the -same, must submit themselves to the examination of the President and -College if they be required thereunto by their authority notwithstanding -any licence, allowance or privilege given them in _Oxford_ or -_Cambridge_ either by their degree or otherwise. - - - Concerning Punishment & Correction against Offenders. - -Quest. 1. Whether the President and four Censors together, or the -Censors alone may not commit to Prison without bail or mainprize all -Offenders in the Practice of Physick according to the Statute of _primo -Mariæ_ and how long, whether till he have paid such Fine as shall be -assessed upon him, or have submitted himself to their Order, and in what -manner?—— - -Resp. They all resolved, That for not well doing using or practising the -faculty or Art or Physick or for disobedience or contempts done and -committed against any Ordinance made by the College, by virtue and -according to the power and authority to them granted, they may commit -the Offenders without bail or mainprize, as the words of the Statute -are. Which they all resolved, would not be altered or interpreted -otherwise than the express words of the Statute are. - -Quest. 2. Whether they may not commit to prison for disobedience and -contempt of the private Statutes and Ordinances of the College made for -the better Government thereof, and for not payment of such reasonable -fines as shall be imposed by the President and Censors for maintenance -of the said College, among the Members of the same College? - -Resp. They all resolved, That the President and College might commit to -prison for offences and disobedience done and committed against any -lawfull Ordinance made by the said College, and might impose reasonable -fines for the breach thereof, and detain the parties committed till -these fines were satisfied. - -Quest. 3. Whether they may not justly take upon every admission a -reasonable sum of money for the better maintenance and defraying of -necessary expences, as in other Corporations? - -Resp. They all held That they might take such reasonable sums. - -Quest. 4. Whether those onely are to be committed that are Offenders in -_Non bene exequendo, faciendo & utendo facultate Medicinæ_, as in the -Letters Patents; and such as are sufficient and not admitted, are to be -sued for 5 li. a month and not be committed? - -Resp. They all held That by the Charter and Acts of Parliament they -might commit Offenders and Practisers that offended in _non bene -exequendo faciendo et utendo facultate_: But for the committing to -prison of such as practise (not being admitted by the College) they held -it doubtful, for that the Charter and Statute do in that case inflict a -punishment of 5 li. a month against such practiser without admittance by -the College. But they all resolved, That if the President and College -made an Ordinance to prohibit the practising of all without admittance -under the common Seal of the said College, That for breach and contempt -of this Ordinance, the President and College might both impose a -reasonable fine upon the Offender and commit him without bail or -mainprize. - -Quest. 5. Whether refusal to come to be examined upon warning given be -not a sufficient cause of Commitment? - -Resp. They all resolved, That if the College do make an Ordinance, That -if any Practiser of Physick in _London_ or within 7 miles of the same -shall obstinately refuse to be examined by the Censors of the College -_in non bene exequendo faciendo & utendo_ the Art of Physick in his -Medicines or Receipts that the said President or Censors may commit him -to prison, there to remain without bail or mainprize, untill he be -delivered by the President and Censors and to forfeit and pay to the -said College some reasonable sum of money, That the same Ordinance will -be good and lawfull. And if any after shall offend contrary to the said -Ordinance, the President and Censors may lawfully commit such Offender -to prison, there to remain without bail or mainprize untill he shall be -delivered by the said President and Censors. - - It pleased the Lord Chancellor to move these Questions to the Judges as - material for the execution of the Statutes. - -1 Quest. Whether the party committed for unskilful or temerarious -practice may have an action of false imprisonment against them, and -thereby draw in question or issue the goodness or badness of the -Physick? - -Resp. All resolved, That the Party so committed was concluded by the -sentence and judgement of the 4 Censors of the College of Physicians. - -2 Quest. Whether if any not admitted do practise Physick within London -or 7 miles of the same but once twice or thrice in one month, be an -Offender against the Charter and Statutes of the College? - -Resp. All resolved it was, if he be a professed Physician. - - These I conceive to be the resolutions of their Lordships and the - Judges upon the Questions which I humbly refer to themselves to - affirm or disaffirm - - John Crook - Tho. Foster - Tho. Harries - -(from Goodall’s Collection, p. 276). - - - - - CASES. - - - DR. BONHAM’S CASE.[111] - - (_From_ 8 _Co. Rep._ 114.) - - _Hil._ 7 _Jac._ 1. - -THOMAS BONHAM, doctor in philosophy and physic, brought an action of -false imprisonment against Henry Atkins, George Turner, Thomas -Moundford, and John Argent, doctors in physic, and John Taylor, and Wm. -Bowden yeomen; for that the defendants, the 10 Nov. _anno_ 4 _Jacobi_, -did imprison him, and detain him in prison seven days. The defendants -pleaded the letters patent of King H. 8. bearing date the 23 Septemb. -_anno_ 10 of his reign, by which he recites, [112]_Quod cum Regii -officii sui, &c._ (_quod vide ante p._ 7.) But the case at bar doth -principally consist on two clauses in the charter. The first, -_concessimus etiam eisdem presidenti, &c._ (_quod vide ante p._ 10). The -second clause is, which immediately follows in these words, _præterea -voluit, &c._ (_quod vide ante p._ 10.) And afterwards, by act of -Parliament made _anno_ [113]14 H. 8. it was enacted, that the said -corporation, and every grant, article, and other things in the said -letters patent contained and specified, should be approved, granted, -ratified, and confirmed, &c. _in tam amplo & largo modo prout poterit -acceptari, cogitari, et construi per easdem literas patentes_. And -further it was enacted, that the said six persons named in the said -letters patent, as principal of the said college, should elect to them -two other of the said college, who should be named _electi_, and that -the said elects should chose one of them to be president, as by the said -act appears: and further, they pleaded the act of [114]1 _Mariæ_, by -which it is enacted, _Quod quædam concessio, &c._ And further it was -enacted, “That whensoever the president of the college, or commonalty of -the faculty of physic at London for the time being, or such as the said -president and college shall yearly, according to the tenor and meaning -of the said act, authorize to search, examine, correct, and punish all -offenders and transgressors in the said faculty, &c. shall send or -commit any such offender or offenders for his or their offence or -disobedience, contrary to any article or clause contained in the said -grant or act, to any ward, gaol, or prison, &c.” (see p. 26.) And -further pleaded, that the said Thomas Bonham, 10 April, 1606, within -London, against the form of the said letters patent, and the said acts, -_exercebat artem medicinæ, non admissus per literas præd’ presidentis & -collegii sigillo eorum communi sigillat’ ubi revera præd’ Tho. Bonham -fuit minus sufficiens ad artem medicinæ exercend’_. By force of which, -the said Thomas Bonham, 30 _Aprilis_ 1606, was summoned in London by the -censors or governors of the college, _ad comparend’ coram præsiden’ & -censor’ sive gubernatorib’ collegii præd’_ at the college, &c. the 14th -day of April next following, _super præmissis examinand’_. At which day -the said Tho. Bonham came before the president and censors, and was -examined by the censors _de scientiâ suâ in facultate suâ in medicin’ -administrand’. Et quia præd’ Thomas Bonham sic examinatus minus apte & -insufficienter in præd’ arte medicinæ respondebat, & inventus fuit super -examinationem præd’ per præed’ præsident’ censores minus insufficiens & -inexpert’ ad artem medicinæ administrand’ ac pro eo quod præd’ Tho. -Bonham multoties ante tunc examinatus, & interdictus per præsident’ & -censores, de causis præd’ ad artem medicinæ administrand’ per unum -mensem et amplius post talem interdictionem facultatem illam in Lond’ -præd’ sine licentia, &c. ideo adtunc & ibid’ consideratum fuit per præd’ -præsident’ censores, quod præd’ Thomas Bonham pro inobedientia et -contempt’ suis præd’ amerciaretur to 100s. in proximis comitiis præd’ -præsident’ et collegii persolvend’ et deinceps abstineret, &c. quousque -inventus fuerit sufficiens, &c. sub pœna conjiciendi in carcerem si in -præmissis delinqueret_. And that the said T. Bonham, 20 Octo. 1606, -within London did practice physic, and the same day he was summoned by -the censors to appear before the president and them, 22 Octob. then next -following, at which day Bonham made default: _ideo consideratum fuit per -præd’ censores_, that for his disobedience and contempt he should be -amerced to 10l. and that he should be arrested and committed to custody; -and afterward, 7 Nov. 1606, the said T. Bonham, at their assembly came -before the president and censors, and they asked him if he would satisfy -the college for his disobedience and contempt, and submit himself to be -examined, and obey the censure of the college, who answered, that he had -practised and would practise physic within London, _nulla a collegio -petita venia_, and that he would not submit himself to the president and -censors, and affirmed, that the president and censors, had no authority -over those who were doctors in the university; for which cause, the said -four censors, _sc._ Dr. Turner, Dr. Moundford, Dr. Argent, and Dr. Dun, -then being censors or governors, _pro offensis et inobedientia præd’ -adtunc & ib’ ordinaverunt & decreverunt, quod præd’ T. Bonham in -carcerem mandaretur ib’ remansur’ quousque abinde per præsident’ & -censores, seu gubernatores collegii præd’ pro tempore existen’ -deliberaretur_, and there then by their warrant in writing, under their -common seal, did commit the plaintiff to the prison of the Compter of -London, &c. _absque ballio sive manucapt’ ad custagia & onera ipsius T. -Bonham, donec præd’ T. Bonham per præcept’ præsiden’ & censor’ collegii -præd’ sive successor’ suor’ liberatus esset_; and Dr. Atkins then -president, and the censors, and Bowden and Taylor as their servants and -by the commandment of the said president and censors, did carry the -plaintiff with the warrant, to the gaol, &c. which is the same -imprisonment. The plaintiff replied and said, that by the said act of 14 -H. 8. it was further enacted, “And where that in the dioceses of -England, out of London, it is not like to find alway men able -sufficiently to examine (after the statute) such as shall be admitted to -exercise physic in them, that it may be enacted in this present -Parliament, that no person from henceforth be suffered to exercise or -practise physic through England, until such time that he be examined at -London by the said president and three of the said elects, and to have -from them letters testimonial of their approving and examination, except -he be a graduate of Oxford or Cambridge, which have accomplished all -things for his form without any grace;” and that the plaintiff, _anno -Dom._ 1595, was a graduate, _sc._ a doctor in the university of -Cambridge, and had accomplished all things concerning his degree for his -form without [115]grace, by force whereof he had exercised and practised -physic within the city of London until the defendants had imprisoned -him, &c. upon which the defendant demurred in law. And this case was -often argued by the Serjeants at bar in divers several terms; and now -this term the case was argued by the Justices, and the effect of their -arguments who argued against the plaintiff (which was divided into three -parts) shall be first reported. The first was, whether a doctor of -physic of the one university or the other, be by the letters patent, and -by the body of the act of 14 H. 8. restrained from practising physic -within the City of London, &c. The second was, if the exception in the -said act of [116]14 H. 8. has excepted him or not. The third was, that -his imprisonment was lawful for his said disobedience. And as to the -first, they relied upon the letter of the grant, ratified by the said -act of 14 H. 8. which is in the negative, _sc. nemo in dictâ civitate, -&c. exerceat dictam facultatem nisi ad hoc per prædict’ præsidentem & -communitatem, &c. admissus sit, &c._ And this proposition is a general -negative, but [117]_generale dictum est generaliter intelligendum_; and -_nemo_ excludes all; and therefore a doctor of the one university or the -other, is prohibited within this negative word _nemo_. And many cases -were put where negative statutes shall be taken _stricte et exclusive_, -which I do not think necessary to be recited here. Also they said, that -the statute of [118]3 H. 8. c. 11. which in effect is repealed by this -act of [119]14 H. 8. has a special proviso for the universities of -Cambridge and Oxford, which being here left out, doth declare the -intention of the makers of the act, that they did intend to include them -within this general prohibition, _nemo in dictâ civitate, &c._ As to the -second point they strongly held, that the said latter clause, “and where -that in the dioceses of England, out of London,” &c. this clause, -according to the words, extends only to places out of London, and so -much the rather, because they provided for London before, _nemo in dictâ -civitate, &c._ Also the makers of the act put a distinction betwixt -those who shall be licensed to practise physic in London, &c. for they -ought to have the admittance and allowance of the president and college -in writing, under their common seal; but he who shall be allowed to -practise physic throughout England, out of London, ought to be examined -and admitted by the president and three of the elects, and so they said, -that it was lately adjudged in the King’s Bench, in an information -exhibited against the said Dr. Bonham for practising physic in London -for divers months. As to the third point they said, that for his -contempt and disobedience before them at their assembly in their -college, they might well commit him to prison for they have authority by -the letters patent and act of Parliament, and therefore for a contempt -or misdemeanor before them they may commit him. Also the act of [120]1 -M. has given them power to commit them for every offence or disob. -contrary to any article or clause contained in the said grant or act. -But there is an express negative article in the said grant, and ratif. -by the act of 14 H. 8. _Quod nemo in dictâ civitate, &c. exerceat, &c._ -and the defendants have pleaded, that the plaintiff had practised physic -in London by the space of one month, &c. and therefore the act of 1 -_Mariæ_ has authorised them to imprison him in this case; wherefore they -concluded against the plaintiff. But it was argued by Coke Chief -Justice, Warburton and Daniel Justices of the Common Pleas, to the -contrary. And Daniel Justice conceived, that a doctor of physic, of the -one university or the other, &c. was not within the body of the act, and -if he was within the body of the act, that he was excepted by the said -latter clause; but Warburton argued against him for both the points; and -the Chief Justice did not speak to those two points, because he and -Warburton and Daniel agreed, that this action was clearly maintainable -for two other points, and therefore in this action the Chief Justice -omitted to speak to the said two points; but to two other points, he and -the said two other Justices, Warburton and Daniel, did speak, _sc._ 1. -Whether the censors have power, for the causes alledged in their bar, to -fine and imprison the plaintiff. 2. Admitting that they have power to do -it, if they had pursued their power. But the Chief Justice, before he -argued the points in law, because much was said in commendation of the -doctors of physic of the college in London, and somewhat (as he -conceived) in derogation of the dignity of the doctors of the -universities, he first attributed much to the doctors of the said -college in London, and confessed that nothing was spoke in their -commendation which was not due to their merits: but yet that no -comparison was to be made between that private college, and either of -the universities of Cambridge and Oxford, no more than between the -father and his children, or between the fountain and the small rivers -which descend from it; the university is _alma [121]mater_, from whose -breasts those of that private college have sucked all their science and -knowledge (which I acknowledge to be great and profound) but the law -saith, _erubescit lex filios castigare parentes_: the university is the -fountain, and that and the like private colleges are _tanquam rivuli_, -which flow from the mountain, _et melius est petere fontes quam sectari -rivulos_. Briefly, _Academiæ [122]Cantabrigiæ & Oxoniæ sunt Athenæ -nostræ nobilissimæ, regni soles, oculi & animæ regni, unde religio, -humanitas, et doctrina in omnes regni partes uberrimè diffunduntur_: but -it is true, _nunquam sufficiet copia laudatoris, quia nunquam deficiet -materia laudis_; and therefore these universities exceed and excel all -private colleges, _quantum inter virburna cupressus_. And it was -observed that K. H. 8. in his said letters patent and the K. and the -Parliam. in the act of 14 H. 8. in making of a law concern. physicians, -for the more safety and health of men, therein follow the order of a -good physician (_Rex [123]enim omn’ artes censetur habere in scrinio -pect’ sui_) for, _medicina est duplex, removens, [124]& promovens; -removens morbum, & promovens ad salutem_: and therefore five manner of -persons (who more hurt the body of man than the disease itself, one of -which said of one of their patients, _fugiens morbum incidit in -medicum_) are to be removed; 1. _Improbi._ 2. _Avari, qui medicinam -magis [125]avaritiæ suæ causa quam ullius bonæ conscientiæ fiducia -profitentur._ 3. _Malitiosi._ 4. _Temerarii._ 5. _Inscii._ And of the -other part five manner of persons were to be promoted, as appears by the -said act, _sc._ those who were, 1. profound. 2. sad. 3. discreet. 4. -groundly learned. 5. profoundly studied. And it was well ordained, that -the professors of physic should be profound, sad, discreet, &c. and not -youths, who have no gravity and experience; for as one saith, [126]_In -juvene theologo conscientiæ detrimentum, in juvene legista bursæ -detrimentum in juvene medico cœmiterii incrementum._ And it ought to be -presumed, every doctor of any of the universities to be within the -statutes, _sc._ to be profound, sad, discreet, groundly learned, and -profoundly studied, for none can there be master of arts (who is a -doctor of philosophy) under the study of seven years, and cannot be -doctor in physic under seven years more in the study of physic; and that -is the reason that the plaintiff is named in the declaration doctor of -Philosophy, and doctor of physic; _quia oportet medicum esse -philosophum, [127]ubi enim philosophus desinit, medicus incipit_: as to -the two points upon which the Chief Justice, Warburton and Daniel, gave -judgment. 1. It was resolved by them, that the said censors had not -power to commit the plaintiff for any of the causes mentioned in the -bar; and the cause and reason thereof shortly was, that the said clause, -which gives power to the said censors to fine and imprison, doth not -extend to the said clause, _sc. quod nemo in dictâ civitate_, &c. -_exerceat dictam facultatem, &c._ which prohibits every one from -practising physic in London, &c. without licence from the president and -college; but extends only to punish those who practise physic in London, -_pro delictis suis in non bene [128]exequendo, faciendo & utendo -facultate medicinæ_, by fine and imprisonment: so that the censors have -not power by the letters patent, and the act, to fine and imprison any -for practising physic in London, but only _pro delictis suis in non bene -exequendo, &c. sc._ for ill, and not good use and practice of physic. -And that was made manifest by five reasons, which were called _vividæ -rationes_, because they had their vigour and life from the letters -patent, and the act itself; and the best [129]expositor of all letters -patent, and acts of Parliament, are the letters patent and the acts of -Parliament themselves, by construction, and conferring [130]all the -parts of them together, [131]_Optima statuti interpretatrix est (omnibus -particulis ejusdem inspectis) ipsum statutum_; and [132]_injustum est -nisi tota lege inspecta una aliqua ejus particula proposita judicare vel -respondere_. The first reason was, that these two were two absolute, -perfect, and distinct clauses, and as parallels, and therefore the one -did not extend to the other; for the second begins, _præterea voluit et -concessit, &c._ and the branch concerning fine and imprisonment is -parcel of the 2d clause. 2. The first clause prohibiting the practice of -physic, &c. comprehends four certainties: 1. Certainty of the thing -prohibited, _sc._ practice of physic. 2. Certainty of the time, _sc._ -practice for one month. 3. Certainty of penalty, _sc._ 5l. 4. Certainty -in distribution, _sc._ one moiety to the King, and the other moiety to -the college, and this penalty he who practises physic in London incurs, -although he practises and uses physic well, and profitable for the body -of man; and on this branch the information was exhibited in the King’s -Bench. But the clause to punish _delicta in non bene exequendo, &c._ on -which branch the case at bar stands, is altogether uncertain, for the -hurt which may come thereby may be little or great, _leve vel grave_, -excessive or small, &c. and therefore the King and the makers of the act -could not, for an offence so uncertain, impose a certainty of the fine, -or time of imprisonment, but leave it to the censors to punish such -offences, _secundum quantitatem delicti_, which is included in these -words, _per fines, amerciamenta, imprisonamenta corporum suorum, et per -alias vias rationibiles et congruas_. 2. The harm which accrues by _non -bene exequendo, &c._ concerns the body of man; and therefore it is -reasonable that the offender should be punished in his body, sc. by -imprisonment; but he who practises physic in London in a good manner, -although he doth it without licence, yet it is not any prejudice to the -body of man. 3. He who practises physic in Lon. doth not offend the -statute by his practice, unless he practises it by the space of a month. -But the clause of _non bene exequendo, &c._ doth not prescribe any -certain time, but at what time soever he ministers physic _non bene, -&c._ he shall be punished by the said second branch: and the law hath -great reason in making this distinction, for divers nobles, -[133]gentlemen, and others, come upon divers occasions to London, and -when they are here they become subject to diseases, and thereupon they -send for their physicians in the country, who know their bodies, and the -cause of their diseases; now it was never the meaning of the act to bar -any one of his own physician; and when he is here he may practise and -minister to another by two or [134]three weeks, &c. without any -forfeiture; for any one who practises physic _bene, &c._ in London -(although he has not taken any degree in any of the universities) shall -forfeit nothing, unless he practises it by the space of a month; and -that was the reason that the time of a month was put in the act. 4. The -censors cannot be [135]judges, ministers, and parties; judges to give -sentence or judgment; ministers to make summons; and parties to have the -moiety of the forfeiture, _quia [136]aliquis non debet esse Judex in -propriâ causâ, imo iniquum est aliquem suæ rei esse judicem_; and one -cannot be judge and attorney for any of the parties, Dyer 3 E. 6. 65. 38 -E. 3. 15. 8 H. 6. 19. b. 20. a. 21 E. 4. 47. a. &c. And it appears in -our books, that in many cases, the common law will [137]controul acts of -Parliament, and sometimes adjudge them to be utterly void: for when an -act of Parliament is against common right and reason, or repugnant, or -impossible to be performed, the common law will controul it, and adjudge -such act to be void: and therefore in 8 E. 3. 30. a. b. Thomas Tregor’s -case on the statute of W. 2. c. 38. & _artic’ super chartas_, c. 9. -Herle [138]saith, some statutes are made against law and right, which -those who made them perceiving, would not put them in execution: the -stat. of W. 2. [139]c. 21 gives a writ of _Cessavit hæredi petenti super -hæredem tenent’ & super eos quibus alienatum fuerit hujusmodi -tenementum_: and yet it is adjudged in 33 E. 3. [140]_Cessavit_ 42. -where the case was, two coparceners lords, and tenant by fealty and -certain rent, one coparcener had issue and died, the aunt and the niece -shall not join in a _Cessavit_, because the heir [141]shall not have a -_Cessavit_ for the cesser in the time of his ancestor, F. N. B. 209. F. -and therewith agrees Plow. Com. 110. a. and the reason is, because in a -_Cessavit_ the tenant before judgment may render the arrearages and -damages, &c. and retain his land, and that he cannot do when the heir -brings a _Cessavit_ for the cesser in the time of his ancestor, for the -arrearages incurred in the life of the ancestor do not belong to the -heir: and because it would be against common right and reason, the -common law adjudges the said act of Parliament as to that point void. -The statute of [142]Carlisle, made _anno_ 35 E. 1. enacts, that the -order of the Cistercians and Augustines, who have a convent and common -seal, that the common seal shall be in the keeping of the Prior, who is -under the Abbot, and four others of the most grave of the house, and -that any deed sealed with the common seal, which is not so in keeping -shall be void: and the opinion of the court (_in an._ 27 H. 6. Annuity -41.) was, that this statute was [143]void, for it is impertinent to be -observed, for the seal being in their keeping, the Abbot cannot seal any -thing with it, and when it is in the Abbot’s hands, it is out of their -keeping _ipso facto_; and if the statute should be [144]observed, every -common seal shall be defeated upon a simple surmise, which cannot be -tried. Note reader the words of the said statute at Carlisle, _anno_ 35 -E. 1. (which is called _Statutum religiosorum_) are, _Et insuper -ordinavit dominus Rex & statuit, quod Abbates Cisterc’ & Præmonstraten’ -ordin’ religiosorum, &c. de cætero habeant sigillum commune, et illud in -custodia Prioris monasterii seu domus, et quatuor de dignioribus et -discretioribus ejusdem loci conventus sub privato sigillo Abbatis ipsius -loci custod’ depo, &c. Et si forsan aliqua scripta obligationum, -donationum, emptionum, venditionum, alienationum, seu aliorum -quorumcunque, contractuum alio sigillo quam tali sigillo, communi sicut -præmittit’ custodit inveniant’ a modo sigillat’, pro nullo penitus -habeantur omnique careant firmitate._ So the statute of 1 E. 6. c. 14. -gives chauntries, &c. to the King, saving to the donor, &c. all such -rents, services, &c. and the common law controuls it, and adjudges it -void as to services, and the donor shall have the rent, as a rentseck, -distrainable of common right, for it would be against common right and -reason that the [145]King should hold of any, or do service to any of -his subjects, 14 Eliz. Dyer 313. and so it was adjudged Mich. 16 & 17 -Eliz. in _Com’ Banco_ in [146]Strowd’s case. So if any act of Parliament -gives to any to hold, or to have conusans of all manner of pleas arising -before him within his manor of D. yet he shall hold no plea, to which he -himself is party; for, as hath been said, _iniquum est aliquem suæ rei -esse judicem_. 5. If he should forfeit 5l. for one moiety by the first -clause, and should be punished for practising at any time by the second -clause, two absurdities should follow, 1. That one should be punished -not only twice but many times for one and the same offence. And the -divine saith, _Quod [147]Deus non agit bis in idipsum_; and the law -saith, _Nemo debet bis puniri pro uno delicto_. 2. It would be absurd, -by the first clause, to punish practising for a month, and not for a -lesser time, and by the second to punish practising not only for a day, -but at any time, so he shall be punished by the first branch for one -month by the forfeit of 5l. and by the second by fine and imprisonment, -without limitation for every time of the month in which he practises -physic. [148]And all these reasons were proved by two grounds, or maxims -in law; 1. [149]_Generalis clausula non porrigitur ad ea quæ specialiter -sunt comprehensa_: and the case between Carter and [150]Ringstead, Hil. -34 Eliz. Rot. 120. _in Communi Banco_, was cited to this purpose, where -the case in effect was, that A. seized of the manor of Staple in Odiham -in the county of Southampton in fee, and also of other lands in Odiham -aforesaid in fee, suffered a common recovery of all and declared the use -by indenture, that the recoverer should stand seised of all the lands -and tenements in Odiham, to the use of A. and his wife, and to the heirs -of his body begotten; and further, that the recoverer should stand -seised to the use of him, and to the heirs of his body, and died, and -the wife survived, and entered into the said manor by force of the said -general words; but it was adjudged, that they did not extend to the said -manor which was specially named: and if it be so in a deed, _a -fortiori_, it shall be so in an act of Parliament, which (as a will) is -to be expounded according to the intention of the makers. 2. [151]_Verba -posteriora propter certitudinem addita ad priora quæ certitudine -indigent sunt referenda._ 6 E. [152]3. 12. a. b. Sir Adam de Clydrow -Knight, brought a _Præcipe quod reddat_ against John de Clydrow, and the -writ was, _Quod juste, &c. reddat manerium de Wicomb et duas carucatas -terræ cum pertinentiis in Clydrow_, in that case the town of Clydrow -shall not relate to the manor, _quia non indiget_, for a manor may be -demanded without mentioning that it lies in any town, but _cum -pertinentiis_, although it comes after the town, shall relate to the -manor, _quia indiget._ _Vide_ 3 E. 4. 10. the like case. But it was -objected, that where by the second clause it was granted, that the -censors should have _supervisum et scrutinium, correctionem et -gubernationem omnium et singulorum medicorum, &c._ they had power to -fine and imprison. To that it was answered, 1. That _that_ is but part -of the sentence, for by the entire sentence it appears in what manner -they shall have power to punish, for the words are, _ac punitionem eorum -pro delictis suis in non bene exequendo, faciendo, vel utendo illa -facultate_; so that without question all their power to correct and -punish the physicians by this clause is only limited to these three -cases, _sc. in non bene exequendo, faciendo, vel utendo, &c._ Also this -word _punitionem_, is limited and restrained by these words, _ita quod -punitio eorundem medicorum, &c. sic in præmissis delinquentium, &c._ -which words, _sic in præmissis delinquentium_, limit the former words in -the first part of this sentence, _ac punitionem eorum pro delictis suis -in non bene exequendo, &c._ 2. it would be absurd, that in one and the -same sentence the makers of the act should give them a general power to -punish without limitation; and a special manner how they shall punish, -in one and the same sentence. 3dly, Hil. 38 Eliz. in a _Quo warranto_ -against the Mayor and Commonalty of London, it was held, that where a -grant is made to the Mayor and Commonalty, that the Mayor for the time -being should have [153]_plenum et integrum scrutinium, gubernationem, et -correctionem omnium et singulorum mysteriorum, &c._ without granting -them any court, in which should be legal proceedings, that it is good -for search, whereby a discovery may be made of offences and defects, -which may be punished by the law in any court, but it doth not give, nor -can give them any irregular or absolute power to correct or punish any -of the subjects of the kingdom at their pleasure. 2. It was objected, -that it is incident to every court created by letters patent, or act of -Parliament, and other courts of record, to punish any misdemeanor done -in court, in disturbance or contempt of the court, by imprisonment. To -which it was answered, that neither the letters patent nor the act of -Parliament has granted them any court, but only an [154]authority, which -they ought to pursue, as it shall be afterwards said. 2. If any court -had been granted them, they could not by any incident authority -_implicitè_ granted them, for any misdemeanor done in court, commit him -to prison without bail or mainprize, until he should be by the -commandment of the president and censors, or their successors, -delivered, as the censors have done in this case. 3. There was not any -such misdemeanor for which any court might imprison him, for he only -shewed his case to them, which, he was advised by his counsel, he might -justify, which is not any offence worthy of imprisonment. The second -point was, admitting that the censors had power by the act, if they had -pursued their authority, or not? And it was resolved by the Chief -Justice, Warburton and Daniel, that they had not pursued it for six -reasons. 1. By the act, the censors only have power to impose a fine, or -amerciament; and the president and censors imposed the amerciament of -5l. upon the plaintiff. 2. The plaintiff was summoned to appear _coram -presidente et censoribus, &c. et non comparuit_, and therefore he was -fined 10l. whereas the president had no authority in that case. 3. The -fines or amerciaments to be imposed by them, by force of the act, do not -belong to them, but to the King, for the King had not granted the fines -or amerciaments to them, and yet the fine is appointed to be paid to -them, _in proximis comitiis_, and they have imprisoned the plaintiff for -non-payment thereof. 4. They ought to have committed the plaintiff -presently, by construction of law, although that no time be limited in -the act, as in the statute of W. 2. cap. 11 [155]_De servientibus, -ballivis, &. qui ad compotum reddend’ tenentur, &c. cum dom’ hujusmodi -servientium dederit eis auditores compoti, et contingat ipsos in -arrearagiis super compotum suum omnibus allocatis et allocandis, -arrestentur corpora eorum, et per testimonium auditorum ejusdem compoti -mittantur et liberentur proximæ gaolæ domini Regis in partibus illis, -etc._ In that case, although no time be limited when the accomptant -shall be imprisoned, yet it ought to be done [156]presently, as it is -held in 27 H. 6. 8. a. and the reason thereof is given in Fogassa’s -case, Plowd. Com. 17. b. that the generality of the time shall be -restrained to the present time, for the benefit of him upon whom the -pain shall be inflicted, and therewith agrees Plow. Com. 206. b. in -Stradling’s case. And a Justice [157]of Peace upon view of the force, -ought to commit the offender presently. 5. Forasmuch as the censors had -their authority by the letters patent and act of Parliament, which are -high matters of record, their proceedings ought not to be by parol, _& -eo potius_, because they claim authority to fine and imprison, and -therefore, if judgment be given against one in the Common Pleas in a -writ of [158]recaption, he shall be fined and imprisoned, but if the -writ be vicontiel in the county, there he shall not be fined nor -imprisoned, because a writ of the court is not of record, F. N. B. in -Recaption; so in F. N. B. 47. a. a plea of trespass _vi et armis_ doth -not lie in the county court, hundred court, &c. for they cannot make a -record of fine and imprisonment; and regularly they who cannot make -[159]a record, cannot fine and imprison. And therewith agrees 27 H. 6. -8. Book of Entries, tit. Account, fol. —. The auditors make a record -when they commit the defendant to prison; a Justice of Peace upon view -of the force may commit, but he ought to make a record of it. 6. -Forasmuch as the act of 14 H. 8. has given power to imprison till he -shall be delivered by the president and the censors, or their -successors, reason requires that it should be taken strictly, for the -liberty of the subject (as they pretend) is at their pleasure: and this -is well proved by a judgment in Parliament in this very case; for when -this act of 14 H. 8. had given the censors power to imprison, yet it was -taken so literally, that the gaoler was not bound to receive such as -they should commit to him, and the reason thereof was, because they had -authority to do it without any court: and thereupon the statute of 1 Ma. -[160]cap 9. was made, that the gaoler should receive them upon a -penalty, and yet none can commit any to prison, unless the gaoler -receives him: but the first act, for the cause aforesaid, was taken so -literally, that no necessary incident was implied. And where it was -objected, that this very act of 1 _Mar._ cap. 9. has enlarged the power -of the censors, and they urged it upon the words of the act; it was -clearly resolved, that the said act of 1. _Mar._ did not enlarge the -power of the censors to fine or imprison any person for any cause for -which he ought not to be fined and imprisoned by the said act of -[161]14. H. 8. For the words of the act of Queen Mary are, “according to -the tenor and meaning of the said act:” also “shall send or commit any -offender or offenders for his or their offence or disobedience, contrary -to any article or clause contained in the said grant or act, to any -ward, gaol, &c.” But in this case Bonham has not done any thing which -appears within this record, contrary to any article or clause contained -within the grant or act of 14 H. 8. Also the gaoler who refuses shall -forfeit the double value of the fines and amerciaments that any offender -or disobedient shall be assessed to pay; which proves that none shall be -received by any gaoler by force of the act of 14 H. 8. but he who may be -lawfully fined or amerced by the act of 14 H. 8. and that was not -Bonham, as by the reasons and causes aforesaid appears. And admitting -that the replication be not material, and the defendants have demurred -upon it; yet forasmuch as the defendants have confessed in the bar, that -they have imprisoned the plaintiff without cause, the plaintiff shall -have judgment: and the difference is, when the plaintiff [162]replies, -and by his replication it appears that he has no cause of action, there -he shall never have judgment: but when the [163]bar is sufficient in -matter, or amounts (as the case is) to a confession of the point of the -action, and the plaintiff replies, and shews the truth of the matter to -enforce his case, and in judgment of law it is not material, yet the -plaintiff shall have judgment, for it is true that sometimes the -declaration shall be made good by the bar, and sometimes the bar by the -replication, and sometimes the replication by the rejoinder, &c. but the -difference is, when the declaration wants time, place, or other -[164]circumstance, it may be made good by the bar, so of the bar, -replication, &c. as appears in 18 E. 4. 16. b. But when the declaration -wants substance, no bar can make it good; so of the bar, replication, -&c. and therewith agrees 6. E. 4. 2. a good case, and _nota_ there -_dictum_ Coke. _Vide_ 18 E. 3. 34. b. 44 E. 3. 7, a. 12 E. 4. 6. 6 H. 7. -10. 7 H. 7. 3. 11 H. 4. 24. &c. But when the plaintiff makes -replication, sur-rejoinder, &c. and thereby it appears, that upon the -[165]whole record the pl. has no cause of action, he shall never have -judgment, although the bar or rejoinder, &c. be insufficient in matter; -for the court ought to judge upon the whole record, and every one shall -be intended to make the best of his own case. _Vide_ [166]Ridgeway’s -case, in the Third Part of my Reports 52. b. and so these differences -were resolved and adjudged between [167]Kendal and Helyer, Mich. 25 & 26 -Eliz. in the K.’s Bench, and Mich. 29 & 30 Eliz. in the same court, -between [168]Gallys and Burbry. And Coke Ch. Just. in the conclusion of -his argument observed seven things for the better direction of the -president and commonalty of the said college for the future. 1. That -none can be punished for practising physic in London, but by forfeiture -of 5l. by the month, which is to be recovered by the law. 2. If any -practise physic there for a less time than a month, that he shall -forfeit nothing. 3. If any person prohibited by the statute offends _in -non bene exeq’ &c._ they may punish him according to the stat. within -the month. 4. Those who they may commit to prison by the stat. ought to -be commit. [169]presently. 5. The fines which they set, according to the -statute, belong to the King. 6. They cannot impose a fine, or -imprisonment without a record of it. 7. The cause for which they impose -fine and imprisonment ought to be certain, for it is [170]traversable: -for although they have letters patent, and an act of Parliament, yet -because the party grieved has no other remedy, neither by writ of error, -or otherwise, and they are not made Judges, nor a court given them, but -have an [171]authority only to do it, the cause of their commitment is -traversable in an action of false imprisonment brought against them; as -upon the statute of [172]bankrupts, their warrant is under the great -seal, and by act of Parliament; yet because the party grieved has no -other remedy, if the commissioners do not pursue the act and their -commission, he shall traverse, that he was not a bankrupt, although the -commissioners affirm him to be one; as this term it was resolved in this -court, in trespass between Cutt [173]and Delabarre, where the issue was, -whether Will. Cheyney was a bankrupt or not, who was found by the -commissioners to be a bankrupt; _a fortiori_ in the case at bar, the -cause of the imprisonment is traversable; for otherwise the party -grieved may be perpetually, without just cause, imprisoned by them; but -the record of a force made by a Justice of Peace is not traversable, -because he doth it as Judge, by the statutes of [174]15 R. 2. and 8 H. -6. and so there is a difference when one makes a record as a Judge, and -when he doth a thing by special authority, (as they did in the case at -bar) and not as a Judge. And afterwards, for the said two last points, -judgment was given for the plaintiff, _nullo contradicente_, as to them. -And I acquainted Sir Thomas Fleming, Chief Justice of the King’s Bench, -with this judgment, and with the reasons and causes of it, and he well -approved of the judgment which we had given: and this is the first -judgment on the said branch concerning fine and imprisonment which has -been given since the making of the said charter and acts of Parliament, -and therefore I thought it worthy to be reported and published. - - (See Carthew 492. 6 Mod. 125.) - - [_For the Pleadings in this Case see 8 Co. Rep. p. 107._] - - ------- - - - Dr. Groenvelt vers. Dr. Burwell and others, Censors of the College of - Physicians - - (from 1 Comyns Rep. p. 75) - -This was an action of trespass for an assault, battery, wounding and -false imprisonment. The defendants as to the beating and wounding, plead -not guilty, and as to the residue of the trespass they justify; for that -by letters patent dated the 23 of September 10 H. 8 the king granted, -that they, viz. the doctors of physick in London, should be a body and -perpetual community, _per nomen præsidentis & collegii five communitat’ -facultat’ medicin’ London’, &c._ and that they might make By-Laws; _& -quod quatour singulis annis eligerentur qui haberent scrutinium -correctionem & gubernationem omnium & singulorum dictæ civitatis -medicorum & aliorum medicorum forinsecorum facultate illa utentium infra -eandem civitatem & suburbia, ac infra septem milliaria in circuitu -ejusdem, ac punitionem eorundem pro delictis suis in non bene exercendo, -&c. per fines amerciamenta & imprisonamentum corporum suorum_; and that -these letters patent were confirmed by an act of parliament of 14 H. 8. -And that on the 1st of January 8 W. 3. the plaintiff exercised the art -of physick in London, and that he administered bad and unwholesome -physick to one woman and that the said woman and her husband complained -to the defendants, being the censors of the said college; upon which -complaint the plaintiff was summoned before them, and upon examination -they found him guilty of administering unwholesome physick, by means of -which the said woman languished; and thereupon they fined the plaintiff -20l. and made a warrant under their hands and seals to —— —— who was -also a defendant, to take the plaintiff; who took him pursuant to such -warrant and conveyed him to prison; which is the residue of the trespass -of which the plaintiff complains. The plaintiff replies _protestando_, -that there are no such letters patent, and no such act of parliament; -and _protestando_, that the plaintiff did not administer such -unwholesome physick; that the defendants of their own wrong committed -the trespass; _absque hoc quod_, that the plaintiff was taken and -committed by force of the said warrant: and to this it was demurred. And -this case was divers times argued, and many exceptions were taken to the -plea and to the replication; and now this term judgment was given for -the defendants. And Holt C. J. delivered the opinion of the court; and -said, that the rest of the Judges were agreed, that the replication of -the plaintiff was ill, and that the plea of the defendants was good. The -plaintiff in his replication traverses the taking by the warrant -mentioned in the plea of the defendants; and this is ill both in -substance and in form; for in point of form he ought not to traverse the -taking by force of the warrant, but that there was not any such warrant; -for if it were necessary that the arrest of the plaintiff should be by -the same warrant that was mentioned before in the pleading that if the -defendants had shewn in their plea another warrant than that which was -shewn at the time of the arrest, the plaintiff ought not to have said, -that he was not taken by this warrant but that there was not any such -warrant. But the replication is not good in point of substance; for the -plaintiff seems to intend, that the warrant by which he was arrested was -unlawful, yet the plaintiff shall not have advantage of it, if there was -another warrant which was lawful to take him at the same time; for if -there are two warrants, the one lawful and the other unlawful, and the -party is taken upon the illegal warrant, yet he who apprehends him may -justify himself by the authority of the legal warrant; and this appears -by the case Mich 34 Ed. 1 Fitz. Avowry, 232 cited 3 Co. 26. a. If a man -takes a distress for a thing for which he has not good cause of -distress, but had good cause of distress for another thing; if a -replevin is brought, and he comes into court, he may avow for which -thing he pleases. Then it was considered whether the plea of the -defendants was good; to which it had been objected that it was ill for -the uncertainty; for the cause of the commitment being traversable ought -to be alleged with certainty. Secondly, That by the plea it appears, -that the plaintiff was fined and imprisoned also; the censors (of the -college of Physicians the defendants) have authority to impose a fine, -and to imprison for non-payment of that fine, or they may imprison for -the offence; but they cannot both fine and imprison for the same -offence, as in this case; for it does not appear that the imprisonment -was for non-payment of the fine but the plaintiff was both fined and -imprisoned, and so was twice punished for one offence. Thirdly, the plea -does not shew that the plaintiff was one of the college. Fourthly, The -plea makes no answer to the assault; it does not shew that there was any -assault, or set forth any justification of it. But Holt C. J. said that -the Court held the plea to be good, for it goes to the whole -declaration; as to the battery and wounding the defendants plead not -guilty, as to the residue of the trespass they justify; and the residue -of the trespass comprehends the assault, and every other part of the -declaration to which the plea (of not guilty) does not extend: and there -is no need that the plaintiff should be of the college; for it appears -that he exercised his faculty within London and the censors have -jurisdiction within London and the suburbs, and seven miles in -circumference; and it appears by the words of the Charter, that the -censors have power to punish by fine and imprisonment; and how they -exercise that authority we do not enquire, as it will be apparent -afterwards in the answer to the first objection, and which is the most -material one. In answer to the first objection, then, we say, First that -the cause of the commitment is not traversable. Secondly if it were -traversable, it is set forth with certainty enough. That the cause of -commitment is not traversable appears by the authority which the censors -have by the act of parliament; for by it they are constituted judges of -fact, what is a mal-administration (of medicines) and what is not: and -they are judges of record for they have authority to impose fine and -imprisonment; and when a new authority is constituted, with power to -fine and imprison, the persons invested with such authority are judges -of record; for that every thing proves a court to be a court of record, -viz. the power of fining and imprisoning; for courts which are not of -record can neither set a fine nor commit any one to prison. 8 Co. 38. b. -And there it is proved, that the leet can impose a fine, because it is a -court of record; and forasmuch as the statute W. 2. c. 11 impowers the -auditors to commit the accountant to prison the auditors are thereby -made judges of record; as is observed 10 Co. 103. a. 2. Inst. 218. Then -the censors being constituted judges of the matter, that which they have -done as such they shall not be answerable for; and that a judge shall -not be answerable for an act done by him as a judge, appears by 12 Co. -24. and the cases there cited. True it is, that if a justice of(_a_) -peace issue his warrant to imprison the party, or to arrest him until -such time as he can be brought before him, or if the commissioners of -bankrupts commit a witness for refusing to be examined(_a_) it may be -determined in an action, whether they have pursued their authority or -not; for their act in this respect is only ministerial;(_b_) and the -commitment is not intended as a punishment, but only as a mesne process -to bring the party to justice, or to make him do his duty. My Lord Coke, -it is true, says in Dr. Bonham’s case, 8 Co. 121 a. that the cause of -commitment was traversable; but this opinion was there given obiter, and -was not essential to the case in judgment; for there the question was, -for practising without the licence of the college, for which the party -could not be imprisoned; and Dr. Bonham being a graduate in the -university, my Lord Coke was carried away by his affection to his Alma -Mater so far as to make a resolution in the present point, which was not -in the case before him: but my Lord Coke says, that upon a conviction by -the censors, they ought to make a record of it, which admits they are -judges of record; and then by his own rule there in the case of a -justice of peace who made a conviction of a force, and the cases in his -other works, their acts (the acts of the justices of the peace) cannot -be traversed; and my Lord Coke does not cite any authority in support of -his opinion (as to the point now before us). The reason which he gives -why the party has no remedy by writ of error or otherwise is of no -weight: I grant that a writ of error lies not; for the censors having a -new authority by a special act of parliament and their proceedings being -directed to be in a summary way there is no need for them to pursue the -forms and methods of others courts; and it is sufficient for them to -make such summary proceeding as justices of the peace in many cases may -do; yet the party is not without remedy for he may have a Certiorari to -remove the record of conviction, and then it may be examined and -reviewed, to see whether it be pursuant to their authority; for in every -case where a new jurisdiction is set up for a special purpose this court -by virtue of its original power may award a Mandamus to make them put -their authority in execution, and a Certiorari to look into their -proceeding whether it be conformable to their authority or not. Thus a -Certiorari lies to remove an indictment for felony before the justices -of the peace (bro. Eliz. 489. Long’s case) to remove orders before -commissioners of sewers, or by justices of the peace who have authority -to make conviction of a force in their presence, or for deer-stealing, -but although no Certiorari did lie (in the present case) it is not -consequential that the cause of their commitment is traversable; for if -the parliament intrusts them with a power so great that no act of theirs -shall be reversed or reviewed, there is the less reason that their -proceeding should be examined or traversed in an action; a jury is not -finable for giving a verdict against evidence; and though there are many -cases where jurymen have been fined (1) yet Bushel’s case, in which all -the others are cited, is sufficient to controul all the rest. Vauq. 135 -(a) and if a juror shall not be fined or imprisoned or otherwise -punished for refusing to find a man guilty upon apparent and plain -evidence, much less shall a judge be liable to censure. In the case (b) -of Hammond and Powell, P. 29 Car. 2 an action for false-imprisonment was -brought after the resolution in Bushel’s case for his imprisonment (for -Hammond was one of the same jury with Bushel and fined 40l. and -imprisoned for it at the same time,) and notwithstanding that the fine -and imprisonment were illegal yet it was adjudged that the action did -not lie for false-imprisonment against the judge or the officer; so a -fine imposed by a judge of a court is not traversable as an amercement -is. 7 H. 6. 13. a. As to the case between Terry and Huntington Hard. 480 -which may be objected; that is good law; for there an action was brought -against the commissioners of excise, who had charged a man for the duty -upon strong waters, where the liquor made by him was low wine of the -first extraction, and the action well lay, for they had exceeded their -jurisdiction; for low wines of the first extraction were not chargeable -within the act of parliament; and if they had charged a duty upon a -liquor not chargeable with it, they were not to be excused for having -named it strong waters. If a justice of the peace commits a man for -being the Father of a bastard child no action lies against the justice -if the man was the father of a bastard otherwise if he had no bastard at -all. So the case between Nickols and Walker, Cro. Car. 394, (_a_) is -good law, for there an inhabitant of Tottridge was charged to the poor -of Hatfield; and the justices of the peace have power to award a -distress, where a person is assessed to the poor of the parish where he -hath land or is an inhabitant; but where he is charged to the relief of -another parish there the case is beyond their jurisdiction. But if the -cause of the commitment were traversable yet the plea of the defendants -here is good, for it shews with certainty in what the ill-administration -of the physic consisted viz in the use of unwholesome drugs: and -although it is not said what drugs he used, it is no matter, for how -shall we be informed whether he has shewn them. In an action against a -surgeon for an inartificial cure the plaintiff does not shew what -plaisters the defendant used. As to what hath been said that the plea -does not shew for what malady the medicines were given; it was answered -that it would be so much the worse if the medicines were given when the -party had not any malady at all. And although it is not said that the -witnesses upon whose testimony the fine was imposed were upon oath, yet -the plea is sufficient; for it may be that it was not necessary that -they should be sworn or if it were needful the omission of it is not -such as will make their proceedings void. In such a special jurisdiction -in which the proceeding is to be in a summary manner it is not needful -to observe all the circumstances which are necessary in other legal -proceedings.—Judgment for the defendants. - - - The College of Physicians versus Dr. West. - - (from 10 Mod. 358.) - -The Question was, whether a Man, that had taken his Degree of Doctor of -Physick, in either of the Universities, might not practise in London, -and within seven miles of the same, without a Licence from the College -of Physicians. - -The Court clear of Opinion, that a Licence from the College was -necessary; and that by reason of the Charter of Incorporation, confirmed -by 14 & 15 Hen. 8. cap. 5. penn’d in very strong and negative words. - -As to the Testimonials granted by the Universities upon a Person’s -taking the Doctors Degree; the Court was of Opinion, That these -Testimonials might have the Nature of a Recommendation; they might give -a Man a fair Reputation, but conferr’d no Right; and consequently all -those Statutes, which have confirmed the Privileges of the Universities, -could revive or confirm nothing but the Reputation, that this -Testimonial might give such Graduates. - -And whereas it has been insisted, That by the last Clause of the -Statute, it is said, That none shall practise in the Country without a -licence from the President and three Elects, unless he be a Graduate of -one of the Universities, it was said all the inference from that would -be, That possibly two Licences may be necessary where a person is not a -Graduate. - -In the Case of Dr. Levet, Lord Chief Justice Holt did not think this a -Question worth being found specially. - -The College of Physicians are without doubt more competent Judges of the -Qualifications of a Physician than the Universities, and there may be -many good Reasons for taking a particular care of those, that practise -Physick in London. - - - _William Rose_, Plaintiff } in - _The College of Physicians, London_, Defendants } Error - -_15^{th} March, 1703._ - -In the 10^{th} year of _Hen._ 8. the defendants were incorporated; and, -in the letters patent granted for that purpose, which were confirmed by -stat. 14 and 15 _Hen._ 8. _c._ 5. is, _inter alia_, the following -clause: “_Concessimus, etiam eisdem præsidenti et collegio, seu -communitati, et successoribus suis, quod nemo in dicta civitate, aut per -septem milliaria in circuitu ejusdem, exerceat dictum facultatem, nisi -ad hoc perdict, præsidentem et communitatem, seu successores eorum qui -pro tempore fuerint, admissus sit per ejudem præsidents et collegii -literas sigillo suo communi sigillatas, sub pœna centum solidorum pro -quolibet mense, quo non admissus eandem facultatem exercit, dimidium -inde nobis et hæred. nostris, et dimidium dicto præsidenti et coll. -applicandum._” - -The plaintiff, who was an apothecary, and freeman of _London_, attended -one _Seale_, a butcher, in the parish of _Saint Martin in the Fields_, -and made up and administered proper medicines to him; but, without any -licence from the faculty, and also without the direction of any -physician, and without taking or demanding any fee for his advice. - -The defendants apprehending this conduct to be an infringement of their -privileges, brought their action against the plaintiff, to recover the -penalty of 5_l._ _per_ month, under the above clause in their charter; -and, on the trial, the jury found a special verdict, stating the -charter, the confirmatory statute, and the facts of the case; and -submitted to the Court, whether the defendant _Rose_ did practice -physic, within the intent of the letters patent and act of -Parliament.—And, after this verdict had been three several times argued -in the Court of Queen’s Bench, the Judges were unanimously of opinion, -that _the facts found did amount to the practising physic, within the -meaning of the act of Parliament_; and gave judgment accordingly. - -Hereupon, a writ of error in Parliament, was brought to reverse this -judgment; and on behalf of the Plaintiff in error, it was argued, that -the consequences of it would not only ruin him, but all other -apothecaries; as, in case of the affirmance of this judgment, they could -not exercise their profession, without the licence of a physician. That -the constant usage and practice, which had always been with the -apothecary, was conceived to be the best expounder of this charter; and, -that therefore, the selling a few lozenges, or a small electuary, to any -person asking a remedy for a cold, or in other ordinary or common cases, -where the medicines had a known and certain effect, could not be deemed -unlawful; or practising as a physician, when no fee was taken or -demanded for the same. That the physicians by straining an act made so -long ago, endeavoured to monopolize all manner of physic solely to -themselves; and if they should succeed in this attempt, it would be -attended with many mischievous consequences: For, in the first place, it -would be laying a heavy tax on the nobility and gentry, who, in the -slightest cases, and even for their common servants, could not have any -kind of medicine, without consulting and giving a fee, to a member of -the college: It would also be a great oppression upon poor families, -who, not being able to bear the charge of a fee, would be deprived of -all kind of assistance in their necessities: And, it would prove -extremely prejudicial to all sick persons, who, in case of sudden -accidents, or new symptoms, happening in the night-time, generally send -for the apothecary; but who should not dare to apply the least remedy, -without running the hazard of being ruined. - -On the other side, it was contended, that by several orders of the -college, its members were enjoined to give their advice to the poor -_gratis_; and that not only to such as could come to them for it; but -every physician, in his neighbourhood, was obliged to visit the sick -poor, at their own lodgings; and therefore the objection, that, if the -apothecaries could not administer physic but by the prescript of a -physician, the poorer sort of people would be lost for want of proper -remedies, had not the least foundation. And, when these orders were -observed not to have their full intended effect, on account of the high -prices which the apothecaries generally demanded for the remedies -prescribed, whereby the poor were deterred from consulting the -physician, for fear of the charge of the physic; the college, by a joint -stock, erected several dispensaries in town, where, after the physicians -had given their advice _gratis_, the patients might have the physic -prescribed, for a third, and generally less, of what the apothecaries -used to exact for it; by which expedient, many hundred persons of mean -condition, received their cures at a very small expense, and without one -farthing profit arising to the physicians. That in cases of sudden and -immediate necessity, not only apothecaries, but any other person, might -do his best to relieve his neighbour, without incurring the penalty of -the law; but there was no reason why the apothecaries, under that -pretence, should be permitted to undertake, at leisure, all dangerous -diseases; and especially where, as in this city at least, a skilful -physician may be as soon had as an apothecary. That, in common or -trifling indispositions, the patients themselves were generally their -own physicians; and would of course, send for any medicine, of which -there had been common experience, for their cure, and which the -apothecary might lawfully make up and sell; but, for the apothecary to -be permitted to judge of diseases in their beginning, whether slight or -not, and to order medicines for the same, would prove both dangerous, -and more chargeable. _Dangerous_, because the most malignant distempers -usually begin with apparently inconsiderable symptoms, and are many days -before they appear in their proper colours; and, as apothecaries are not -bred to have suitable skill, the management thereof ought not to be left -to their judgment. And _more chargeable_, because, be the disease ever -so slight, the apothecary will be sure to prescribe largely enough; and -should he chance to mistake, then that distemper, which, by the discreet -advice of a physician, might, by one proper medicine, have been -eradicated at the beginning, runs out into great length, to the extreme -hazard and great expense of the patient. - -BUT, after hearing counsel on this writ of error, it was ORDERED and -ADJUDGED, that the judgment given in the Queen’s Bench, for the -President and College, or Commonalty of the faculty of Physic, _London_, -against the said _Wm. Rose_, should be reversed. - - (From 1 Brown Par. Ca. p. 78.) - - ------- - - - The King _against_ the President and College of Physicians. - - (From 7 Term Rep. p. 282) - -This was a rule calling on the president and College or commonalty of -physic in _London_ to shew cause why a mandamus should not issue, -commanding them to examine C. Stanger, M.D. as to his qualification and -fitness to be admitted into the said Corporation as a member or fellow -thereof. - - * * * * * - -Doctor Stanger, after referring to the above statutes (3 Hen. 8: 14 & 15 -Hen. 8) and Charter, stated in his affidavit that in 1783 he took a -degree of doctor of physic at _Edinburgh_ after a residence there for -three years, and after having studied physic there and at other places -for many years; that afterwards he went abroad to _France_, _Italy_, and -_Germany_, and studied physic there for several years more. That in 1789 -he obtained a licence from the college of physicians here in the usual -way to practise in _London_ and within seven miles thereof, and that he -has practised ever since. That in _June_ 1796 he applied to the -president and college at their general meeting to be admitted by them to -be a member of their corporation, submitting himself to be previously -examined by them concerning his qualification and fitness to be admitted -a member of the corporation, which the college refused. Dr. _Stanger_ -also added in his affidavit that he was duly qualified and fit to be -admitted a member of the college. - -The affidavits in answer to the rule disclosed the following (among -other) facts. For two hundred years past there have been three classes -of persons practising physic in _London_ and seven miles round; the -fellows; candidates, persons desirous of becoming members and who have -been examined and approved by the president and censors to be candidates -for election into the society or fellowship; and the licentiates, who -may practise as fully in all respects as fellows and have the same -benefits and advantages. Various bye-laws have been made by the college -respecting the qualifications of persons to be admitted fellows, one of -them so long ago as 1637, by which it was ordained that no person should -be admitted a fellow unless he had performed all his exercises and -disputations in one of our universities without dispensation, and which -has continued ever since with some little alterations. To prevent any -mistakes arising from the words “_aliquâ Britanniæ Academiâ_” in some of -the bye-laws respecting this qualification, an explanatory bye-law was -made in 1751, in which it was declared that the meaning of the words was -that no person should be admitted who was not a Doctor of Physic of -_Oxford_ or _Cambridge_. The bye-laws of the college have been revised -and altered since the year 1768. By those now in existence no person can -be admitted a fellow unless he has been a candidate for a year, except -in certain cases hereafter mentioned. No person can be admitted into the -class of candidates unless he has been created a Doctor of Physic in the -university of _Oxford_ or _Cambridge_, or unless he has obtained the -same degree in the university of _Dublin_ and has been incorporated into -one of the universities of _Oxford_ or _Cambridge_; nor can any such -person be admitted into the class of candidates until after he has been -examined as to his knowledge of physic in three of the greater or lesser -meetings (called the _comitia majora_ and _comitia minora_) of the -college. After a person has been a candidate for a year, he may be -proposed by the president at one of the greater meetings and admitted a -fellow, if the majority of fellows consent, without further examination. -But by two other bye-laws persons not having the above qualifications -may be proposed in one of two ways; by one, the president is enabled -once in every other year at the _comitia minora_ to propose one -licentiate of ten years standing, who may (if the major part of the -_comitia minora_ consent) be proposed by the president at the next -_comitia majora_ to be elected a fellow, and if the majority of fellows -then present consent, he may then be admitted a fellow. By the other, -any one of the fellows may propose any licentiate, of seven years -standing and of the age of 36, in the _comitia majora_ to be examined; -if the major part of the fellows consent, such licentiate may be -examined by the president or vice-president and censors, and if approved -by the major part of the fellows then present, he may be proposed at the -next _comitia majora_ to be a fellow, and admitted if the majority of -the fellows then present consent. The ordinary greater meetings -(_comitia majora_) are holden four times a year, and consist of the -president or vice-president and ten fellows at the least. The ordinary -lesser meetings (_comitia minora_) consisting of the president or -vice-president registar and censors of the college, are holden once a -month. A letter was also inserted in the affidavits written by King -_Charles_ the Second to the college not to admit any person who had not -had his education in either of our universities of _Oxford_ or -_Cambridge_: but it was admitted in the argument that no notice could -legally be taken of this letter. It was also stated in the affidavits -that Dr. _Stanger_, when he was licensed; gave his faith or promise to -the college that he would observe the statutes of the college &c. in the -usual mode. - - -_Adair Serjt. Law_, _Chambre_, and _Christian_, argued in support of the -rule; and - -_Erskine_, _Gibbs_, _Dampier_, and _Warren_, against it. - -The case was argued very much at length on three several days: but it is -unnecessary to give a detail of the arguments, as the Court in giving -their opinions went into them. The points insisted upon by the counsel -in support of the rule were these; 1st. That under the general words of -the charter “_omnes homines ejusdem facultatis_” &c. Dr. _Stanger_, who -came within that description by his license, had an inchoate right, -which authorised him to tender himself to the college for examination in -order that he might be admitted, if on examination the president and -college thought him qualified; though they admitted that the president -and college were the sole judges of his fitness. And they referred to -the several dicta of Lord _Mansfield_ and _Aston_ J. in _R._ v. Dr. -_Askew_ and others, 4 _Burr._ 2169; 2202; 2193; 2202. Secondly, That the -bye-laws requiring an education at either of our universities or at -_Dublin_ were illegal and void, on grounds of public policy, and also on -the ground that they superadded a qualification not required by the -Charter, 4 _Burr._ 2198, 9; 2203, 4; and that it narrowed the number of -the eligible; _R._ v. _Spencer_, 3 _Burr._ 1827; and _R._ v. _Cutbush_, -4 _Burr._ 2204. - -On the other hand it was insisted, 1st. That Dr. _Stanger_ had no -_right_ to be examined in order to be a fellow, either as a licentiate, -Dr. _Archer_’s case, 4 _Burr._ 2203; or as coming within the description -“_omnes homines ejusdem facultatis_” &c.; but that the election into -that body was a mere matter of grant or favor, for that the charter -evidently marked out two descriptions of persons, the members of the -college (the fellows) and all those who practised physic in _London_ or -within seven miles thereof, that the former were to superintend the -latter; and that if the latter had also a right to be admitted fellows -the distinction between the governors and the governed would be -destroyed, and the very object of the charter and act of parliament, in -giving to the fellows the superintendance of the others practising -physic in and about _London_, would be defeated;—observing that the -usage for a long period was in favour of this construction. 2dly, That -Dr. _Stanger_, by giving his faith when he received his licence in 1789, -was estopped to object to the bye-laws. But this point was abandoned in -the course of the argument; it being considered that he was only bound -to observe the bye-laws of the college that were not illegal. 3dly, That -the bye-laws were neither against sound policy or law; and instances -were alluded to of degrees taken in either of our universities giving -privileges to the persons taking them in the other professions. And the -counsel observed that the not having taken a degree in one of our -universities was not an absolute bar to any person becoming a fellow of -the college, there being two modes by which he might gain admission -without that qualification. - -Lord KENYON, Ch. J. If in deciding this question it were necessary for -us to answer all the arguments that have been urged at the bar, I should -have desired further time to consider of the subject; but as the grounds -on which I am warranted to determine the case lie in a very narrow -compass, and I have formed my opinion upon it, I wish to put the -question at rest now. By what fatality it has happened that almost ever -since this charter was granted this learned body have been in a state of -litigation I know not; and I cannot but lament that the learned Judges -in deciding the cases reported in _Burrow_ did not confine themselves to -the points immediately before them, and dropped hints that perhaps have -invited litigation; though indeed I cannot see what these parties are -contending for that is worth the expense and anxiety attending this -litigation. The public already have the benefit of the assistance of the -licentiates; and their emoluments, the fair fruits of their education -and advice, are just the same as those that the fellows of the college -receive. We have however been pressed with the authority of those who -have preceded us here: no person can have a greater veneration for those -characters than I have, and if this point had been decided by them, I -should have thought myself bound by their decision. But the cases are -unlike. The principal ground on which it was said in 4 _Burr._ 2199. -that the bye-laws of the college were bad was, that “they interfered -with their exercising their own judgment, and prevented them from -receiving into their body persons known or thought by them to be really -fit and qualified;” and if I had found that objection existed in this -case, I should have thought it fatal: but in the very sentence in which -Lord _Mansfield_ expressed himself as above, he added “such of them -indeed as only require a proper education and a sufficient degree of -skill and qualification may be still retained.” Two universities have -been founded in this country, amply endowed and furnished with -professors in the different sciences; and I should be sorry that those -who have been educated at either of them should undervalue the benefits -of such an education. - -In this case it is admitted that a licentiate does not _de facto_ become -a fellow of the college: it is admitted that he must be first examined, -and that those who are called the College of Physicians are to judge of -his fitness. It seems that the appeal here is rather made _ad -verecundiam_, and that Dr. _Stanger_ could not be rejected if he were -examined. If the college are not judges of the fitness of the person -examined, I do not know who is. Then is this a reasonable test of the -fitness of the party? possibly they might have framed a better, though I -do not say that they could; but the question here is whether this is a -reasonable bye-law? According to the concurrent opinions of all mankind -it is. The Legislature have considered that persons who have taken their -degrees in our universities are entitled to certain privileges in the -church. So if we look into our own profession, those who have been -educated at our universities have particular privileges; and though the -inns of court are not corporations, yet their regulations shew that this -has been considered as reasonable. It is not that a person becomes -qualified from keeping his commons within the walls of the inns of court -or the universities, but living with those of the profession will -probably advance him in the knowledge of that profession for which he is -a candidate. Again in the civil law; however competent any particular -individual may be from extraordinary endowments or the exertion of -superior talents, he must first take his degrees at one of our -universities, and afterwards continue a year in a state of probation -before he can practise. Those regulations that are adapted to the common -race of men are the best: it does not follow that all institutions -calculated for the ordinary classes are to be prostrated merely because -they stand in the way of some few individuals of superior talents. Then -the question is whether this is a reasonable bye-law that requires a -degree to be taken at one of our universities, which in general is -supposed to be conferred as a reward for talents and learning. If indeed -this had been a _sine qua non_, and it had operated as a total exclusion -of every other mode of gaining access to the college, it would have been -a bad bye-law: but these bye-laws point out other modes of gaining -admission into the college. If Dr. _Stanger_ has all those requisites -that qualify a person for that high station, any one of the fellows may -now propose him; he may apply to the honourable feelings of the college, -to the very same tribunal to which this mandamus (if it were granted) -would refer him; for in all events he must submit to their examination -and determination. In the profession of the church, we find that the -bishops insist on having a testimonial of the person to be ordained -signed by a certain number of clergymen; and though the bishops -themselves may have the power of judging of the fitness of the person to -be ordained it was never doubted but that this was one reasonable test -of fitness, even before examination: it is a test to regulate their own -conduct. So here I think this is a reasonable test. Therefore on this -short ground, without entering into any of the other topics that have -been argued, I am of opinion that these are good and reasonable -bye-laws, and that we are bound to refuse the writ. - -ASHHURST, J. Though this matter has taken a considerable time in the -argument, it is now reduced to a narrow compass. The counsel who have -argued for the issuing of the mandamus do not contend that a licentiate, -as such, does _ipso facto_ become a member or a fellow of the college: -they only say that any man who is fit in learning and morals has a right -to offer himself for examination, without any superadded qualification; -and therefore that the bye-law requiring “that every licentiate, in -order to entitle him to offer himself for examination, shall be a doctor -of one of the two universities in _England_ or that of _Dublin_,” is a -void bye-law. It is not denied by counsel who have argued for the rule -that the corporation have the right of making bye-laws for the -regulation of their own body. And Lord _Mansfield_, on whose authority -they ground themselves as in their favour, said in 4 _Burr._ 2199, “that -such bye-laws as only require a proper education and a sufficient degree -of skill and qualification may be still retained; that there can be no -objection to cautions of this sort; and the rather if it be true that -there are some amongst the licentiates unfit to be received into any -society.” This brings it then to the question, whether the bye-law now -under discussion is or is not to be considered as a bye-law of -regulation. It does appear to me that in order to ensure a proper -education and a competence in a learning, there cannot be a more likely -method than the having spent fourteen years in one of our learned -universities, and, after having been examined by persons competent to -the subject, having been admitted to a doctor’s degree. This it should -seem would prevent in _limine_ the danger of that happening, which Lord -_Mansfield_ complains of, namely, of persons being admitted amongst the -licentiates unfit to be received into that society. Indeed the -Legislature so long ago as the passing of the act of the 14 and 15 -_Henry_ 8. seemed to shew their own opinion how much stress ought to be -laid on such a kind of test; for there, in speaking of country -physicians, the act says, “that no person shall be suffered to exercise -or practise in physic through _England_ until such time as he be -examined in _London_ by the president and three elects, and have from -them letters testimonial of their approving and examination:” but then -the act goes on with this exception (viz.) “unless he be a graduate of -_Oxford_ or _Cambridge_, which hath accomplished all things for his form -without any grace.” This shews the opinion of the legislative body of -that day; and the college might think it a very fit model for their -imitation in the formation of the bye-law now under discussion, and that -it would prevent them from having their time too much broken in upon by -improper applications for examination. I would not be thought to infer -that the gentleman now applying is in any degree deficient either in -learning or education: but general laws cannot give way to particular -cases; and as this law has been of some standing, we must suppose it has -been found to be attended with general convenience, and therefore it -should be abided by. I therefore concur in the opinion that the rule for -a mandamus should be discharged. - -GROSE, J. This being a motion for a mandamus to a body incorporated by -charter, we must see that we are authorised by the charter or the -bye-laws to grant the application. On examining the charter, which was -confirmed by act of parliament, we find that there was a select body of -eight including the president, and an indefinite number of the -commonalty. The election of the president is to be made annually by the -college; so also is the election of the four censors. The intention of -the crown was to put an end to the mischiefs occasioned by the ignorance -of the unskilful practitioners; and for that purpose this corporation -was created, with power of making bye-laws, of admitting skilful persons -to practise physic, and of preventing all others practising: the great -object was to admit only those to practise physic who were (to use the -language of the act) “profound sad and discreet, groundedly learned and -deeply studied in physic.” How or when the fellows are to be chosen or -admitted is not directed by the charter: it is left to the discretion of -the persons named in the charter under the general power given to them -of perpetuating themselves and of making bye-laws. The charter is -therefore silent both as to the election of fellows, and as to the -examination of them before election: but the examination is incident to -the power of election. The charter being silent on these heads, and the -college having the power of making bye-laws, they have made bye-laws to -ascertain a criterion of fitness of future candidates, by pointing out -in some cases the mode of their education, in others the persons by whom -they were to be proposed as candidates. One of these bye-laws is -objected to as illegal, because it requires a degree to be taken at one -of our universities, which (it is contended) is superadding a -qualification to those required by the charter: but I think it is only -ascertaining a criterion of fitness as has been done most properly in -other professions in cases alluded to both at the bar and bench. Then it -is said that a licenciate has an inchoate right: if by that Dr. -_Stanger’s_ counsel mean that he has one qualification which when added -to others may give him a right of admission, I agree with them; but the -college are to judge of the other qualifications: if by this inchoate -right they mean any thing more, I dissent from them. It is admitted by -this application that the college have a right to insist on an -examination: and upon what ground? as a test of fitness—but though this -right is not expressly given to them by the charter, nor is there a word -denoting any obligation either to admit or examine, it is incident to -their power of judging who is fit to be admitted. That Lord _Mansfield_ -thought that they have such a right incidently is clear from what fell -from him in Dr. _Askew’s_ case, in which he said, “It is true that the -judgment and discretion of determining upon this skill ability learning -and sufficiency to exercise and practise this profession is trusted to -the college of physicians: and this Court will not take it from them in -the due and proper exercise of it.” The same power that authorises them -to judge of fitness also authorises them to regulate the mode by which -they shall judge. They think, of which they are much better judges than -we can be, that every man who is to be a candidate ought either to have -taken his degree at one of our universities or in Dublin, or shall be -proposed by one fellow, or by the president. The bye-laws requiring this -do not appear to me unreasonable or inconsistent with the character any -more than requiring a particular mode of education, and in the case so -often alluded to Lord _Mansfield_ thought such bye-laws were good; for -when he recommended it to the college to revise their bye-laws, he said -“Such of them indeed as only required a proper education and a -sufficient degree of skill and qualification may be still retained.” In -consequence of that opinion the college have reviewed and altered their -bye-laws, requiring in some cases an education at either of our -universities or at _Dublin_, in others permitting a nomination of -persons as fit to be examined by men whom they deem worthy of such a -trust, considering such degree and nomination merely as tests of the -person taking it or named having skill and learning and being fit to be -examined. And in making these bye-laws I think that the college have -shewn a due attention to discharge their duty to the public and to -attain the ends of their institution. Therefore I concur in the opinion -already given that this rule ought to be discharged. - -LAWRENCE, J. This is an application for a mandamus to compel the College -of Physicians to examine Dr. _Stanger_ in order that he may be admitted -a fellow; and the foundation of the application is that he has been -admitted to the practise of physic and is one of the _homines -facultatis_ within the meaning of the charter; which (it is said) gives -him a right to admission, if on examination he shall be found fit; and -that all the bye-laws militating against such right are illegal. His -counsel have been under the necessity of insisting on the licence giving -him a right to examination; for if the being admitted a member of the -body be matter of election, it is immaterial whether the bye-laws be -good or bad. It seems to me that the insufficiency of the provisions of -the statute 3 _Hen._ 8. probably gave rise to this charter; the object -of which was to establish a better mode of determining who were proper -persons to be licensed to practise physic, and to prevent the practice -of ignorant empirics; and if so, it was not necessary that all men of -the faculty should be members of the body. All that was necessary was -that it should be composed of a sufficient number of learned and -discrete practisers of physic, who should have a power of continuing the -succession in such persons as themselves, and that they should license -proper persons and restrain unfit persons from the practice of it. If -this were the object, is it natural to construe the charter as giving a -right to all men of the faculty to become members of this body, when the -charter speaks of men of the faculty in a sense contradistinguished from -the members of the body; or to suppose that the Crown meant to -incorporate all, when the charter was made for the government of some, -who, if all were incorporated, could not exist? It is admitted that -there were two distinct classes under the charter, and according to Dr. -_Stanger’s_ construction one class, that of the governed, would be -extinguished. Another mode of construing the charter in the argument was -by considering the words _omnes homines ejudem facultatis_ to mean the -individual members of the corporation: but if so, there would be no -power given to make bye-laws to affect the licentiates; and the clause -in the charter that gives the exemption from serving on juries speaks of -the person exercising the faculty as contradistinguished from the -members of the college; “_nec presidens nec aliquis de collegio prædicto -medicorum, nec successores sui, nec eorum aliquis exercens facultatem -illam_.” Therefore it seems to me that the _homines facultatis_ are not -the individual members of the college. Then it was said that there might -be some persons who might not choose to become corporators, and that -this would make a class to be governed: but that is improbable; it is -not to be supposed that, as the principal object of the charter was to -incorporate those who were skilled in physic and to prevent those from -practising who were unfit, they to whom the charter was offered would -refuse the advantages of this corporation, especially as the obvious -means of constituting a body to consist of all would be to make it -compulsory on the physicians to become members, as in the case with -companies in some city and corporate towns, of which persons carrying on -certain trades are obliged to be free. But seeing that there is in some -degree an uncertainty as to the words “_homnes ejusdem facultatis_,” the -usage that has prevailed ought to govern us in the construction of them, -especially as the usage perfectly accords with the design of the -incorporation. It is said indeed that the usage is in favour of Dr. -_Stanger’s_ claim: but that is not so; for there is no proof that before -these bye-laws were made any persons were admitted into the body as a -matter of right, and we must therefore take it that they came in by -election. If Dr. _Stanger_ claim as a matter of right, it must be under -the words of the charter “_quod ipsi omnesque homines ejusdem -facultatis_ &c.” but if this gave him a right, the college could not -resist his claim though he would not submit to examination. And if every -_homo ejusdem facultatis_ came within this description of claim, Dr. -_Archer_ would have had a right to be admitted. The charter does not say -that all the men of the faculty, who on examination shall be found fit, -shall be admitted; if it has said any thing in their favor, it has given -them the right as soon as they become men of the faculty; it has -directed no examination. Suppose by a charter all the weavers of a town -were incorporated, they would all have a right to be admitted without -any examination. If then all the men of the faculty within the limited -district have a right from being men of the faculty, they possess all -the fitness that the charter requires. This seems to me to be only a -contrivance to get out of Dr. _Archer’s_ case, and to set up a right on -the ground of being a licentiate. In the course of the argument it was -said that only those were to be admitted who were “profound sad and -discrete, groundedly learned and deeply studied in physic:” but if so, -it destroys the argument arising from the words “_omnes homines ejusdem -facultatis_.” An argument has also been drawn from the statute 3 _Hen._ -8:, and it has been said that the persons licensed by that act were the -only persons who at the time of the charter were men of the faculty, and -that they and the six persons named were meant to be incorporated. But -the words of the charter do not extend to all those persons; they are -confined to the “_homines de et in civitate prædictâ_,” that is, to all -men of and in the city of _London_ practising physic: but this does not -extend to persons practising in other places. Now if that construction -had been adopted, it would have excluded the greater part of those who -have been members of the college practising physic in _Oxford_, -_Cambridge_, and other places beyond these limits, as not falling within -the description of those persons of whom (according to the construction) -the college is to consist. - -Taking the whole of the charter and the usage this construction will -reconcile all the difficulties; the intention of the Crown was to -incorporate the six persons named in the charter and all men practising -physic at that time _de et in civitate prædictâ_; and all those persons -were entitled to admission: but the Crown did not intend to give any -right to those, who might thereafter become _homines facultatis_, but -intended that the succession should be continued by the power incident -to all corporations to elect. Had the charter of incorporation nominated -every man authorised to practise physic in _London_ and given no -directions as to the succession, they would have been authorised to -continue themselves by election as they have done; and the charter has -done the same thing in substance by incorporating the same persons by a -general reference to their character and situation. This avoids all -contradiction; it is consistent with the usage; and according to this -construction no one is entitled as a matter of right but only by -election. In making such elections there is a trust and duty to keep up -the body by a choice of learned men sufficient to answer the purposes of -the charter; and if this be done all the interest that the public have -is consulted; they have no interest in this or that man being a member -of the college: so long as the body is continued and there are proper -censors elects and other officers, and so long as proper persons are -licensed and improper ones restrained, the objects of the charter as far -as concerns the public will be attained. We have been pressed however -with the dicta of Lord _Mansfield_ in _R._ v. Dr. _Askew_; very great -deference is always due to whatever fell from him: but it is sufficient -to say that this was not the point then before the Court, the only -question there being whether licentiates were of the body. - -On the other question respecting the validity of the bye-laws, I can -hardly add to what has already been said by the Court; and therefore -shall only say that I agree with them in thinking the bye-laws -reasonable. - - Rule discharged[175]. - - - Return to a Habeas Corpus. - - (Goodall. 467) - -London. ss. _Nos_ Johannes Warner & Thomas Adams _Vic’ Civitat’_ London, -_Serenissimo Domino Regi in brevi huic schedul’ annex’ nominat’ ad diem -& locum in eodem brevi content’ Certificamus, quod ante adventum nobis -praedict’ brevis scil’ duodecimo die Septembris Anno regni dicti domini -Regis nunc Anglie &c. decimo quinto_ Christoferus Barton _in dicto brev’ -nominat’ commissus fuit Prisone dom’ Regis scil’ Computator’ scituat’ -in_ Wood Street London _prædict’ & in eadem Prisona sub custodia_ Isaaci -Pennington & Johannis Woollaston _tunc vic’ Civitat’ praedict’ & in -eorum exit’ ab officio suo sub custodia nostra detent’ virtute cujusdam -Warranti_ Otwelli Meverell, Laurentii Wright, Edmund Smith, & Willielmi -Goddard _in Medicinis Doctor’ & Collegii Medicor’ in_ London _praedict’ -custodi praedict’ Computatorii_ London _praedict’ vel ejus deputat’ -direct’ Cujus quidem Warranti tenor sequitur in hæc verba_. - - [A Copy of the Censors Warrant for the Commitment of Empiricks to - prison.] - -“ss. We _Otwell Meverell_, _Lawrence Wright_, _Edmund Smith_ and -_William Goddard_ Doctors in Physick and Censors of the Collage of -Physicians in _London_, being chosen by the President and Collage of -Physicians aforesaid to govern and punish for this present year all -offenders in the faculty of Physick within the City of _London_ and the -Suburbs thereof and seven miles compass of the said City, according to -the authority in that behalf duly given by certain Letters Patents under -the great Seal of _England_ made and granted to the said Collage and -Comminalty by the late King of famous memory King Henry the Eighth, -bearing the date the 28th day of _September_ in the Tenth year of his -Raigne, And one Act of Parliament made in the 14th year of the said late -King _Henry_ the Eighth concerning Physicians Whereby the Letters -Patents aforesaid and every thing therein are granted and confirmed: And -by virtue of the said Act of Parliament and Letters Patents aforesaid -and one other Act of Parliament made in the first year of the Raigne of -our late Soveraigne Lady Queen _Mary_ intituled _An Act touching the -Corporation of Physicians in_ London, did cause to be brought before us -the sixth day of this instant _September_ at our Collage house in _Pater -noster Rowe_ in _London_ one _Christofer Barton_; and we have examined -the said _Christofer Barton_, and upon his examination and other due -proofs we have found that the said _Christofer Barton_ hath unskilfully -practised the Art of Physick within the City of _London_ and Precinct -aforesaid upon the bodies of _Richard Ballady_ of _Aldermary_ Parish -_London_, _Michael Knight_ of St. _Buttolphs_ Parish _Aldgate London_ -and the child of one _Jane Brigge_ and some others in the month of -_January_ in the year 1638, contrary to the Laws in that behalf made and -provided; whereupon we have imposed upon the said _Christofer Barton_ a -fine of 20_l._ for his evil practice in Physick aforesaid; and we have -also for the same cause sent you the body of the said _Christofer -Barton_, Willing and requiring you in the King’s Majesties name to -receive and keep him in safe custody as Prisoner, there to remain at his -own costs and charges without bail or mainprize untill he shall be -discharged of the said imprisonment by the President of the said -Collage, and by such persons as by the said Collage shall be thereunto -authorised according to the Statute in that behalf made, And this our -warrant shall be your discharge. Given at the said Collage the eleventh -day of September in the 16th year of the Raigne of our Soveraigne Lord -King _Charles_.” - - Otwell Meverell, - Law. Wright, - Edmund Smith, - William Goddard. - -To the Keeper of Woodstreet Compter, - London or his Deputy. - -Note. This Christopher Barton, like James Leverett a Gardener (whose -case and the reference of it by the Court of Star Chamber to the -College, are recited in Goodall p. 447) and the more celebrated -Valentine Greatrex, was one of those Empirics, half enthusiasts and half -imposters, who pretended to perform cures by touching or stroaking. - - - Doctor Burgess’ Case. - - (Goodall’s Proceedings 376) - -Doctor _Burgess_ having been in Orders and now practising Physick in -_London_, was summoned before the President and Censors to give an -account by what authority he practised in this City contrary to the -Statute Law of this Kingdom. He ingenuously confessed; Not by any -authority, but by the indulgence of the College; and told them he had -formerly offered himself to examination, though he had not yet been -examined. The President replied, that by a Statute of the College (which -was read by the Register) they could not examine admit or permit any to -the practice of Physick, who had been in Holy Orders. Besides if the -Statutes of the College would allow it He told him an admission to a -person that had been so qualified was repugnant to the Statute Laws of -the Kingdom and Canons Ecclesiastical. He replied with great temper and -candour, that he would not contradict either the one or the other, but -lay down practice in _London_. After this he was convened a second time -before the President and Censors and interdicted the practice of Physick -within the College Liberties, to which he submitted and promised that he -would speedily betake himself to the Country. Some of the Fellows of the -College were complained of for consulting with him. - - - Doctor Winterton’s Letter to the President. - -My service and best respects remembered. - - Master President and my much honoured friend - -Whereas I am given to understand that you have heard that the last year -I would not give way to two or three for the obtaining a Licence to -practise Physick, nor to a Doctor of Leyden to be incorporated with us -without giving publick testimony of his abilities, and I further -understand that yourself and the whole College are well pleased -therewith, I have cause to rejoice: and further thought fit at this time -to acquaint you with my real intentions, which I shall eagerly -prosecute, if I may have countenance and assistance. I have observed and -have grieved to see sometimes a Serving-man sometimes an Apothecary -oftentimes Masters of Arts (whereof some have afterwards assumed holy -Orders) admitted to a Licence to practice in Physick, or to be -incorporated to a Degree without giving any publique testimony of their -learning and skill in the Profession. And what hath followed hereupon? -The Minister hath neglected his own calling and trespassed upon -another’s, not without endangering the Souls of the people of God, and -the losse of the Lives of many of the King’s Subjects. The Serving-man -and Apothecary upon a Licence obtained have been presently made Doctors -by the breath of the people, and Doctors indeed undervalued. Masters of -Arts after Licence obtained have taken as I said holy Orders, that if -one Profession did faile them another might supply them. And -Incorporation being in an instant obtained by a little summe of money -which by orderly proceeding (I speake concerning the Doctor’s Degree) -would cost 12 years study in the University besides performance of -exercises and much expence; It is come to passe, that in the University -at this time I doe protest I doe not know any one that intends the study -of Physick, and practice thereof according to the Statutes. Chirurgeons -and Apothecaries are sought into, and Physicians seldome but in a -desperate case are consulted with, when the Patient is ready to dye and -in this kind we have too many examples. The consideration of these -mischiefs redounding to the Church, Commonwealth, University, and our -Profession, hath often troubled me, when I had no power to prevent them. -But now seeing it hath pleased God and the King to conferre such power -upon me, that without me neither Licence nor Degree in Physick can be -obtained at _Cambridge_ (for I have solicited Dr. _Nichols_ and Dr. -_Allet_ to joyne with me; and I have prevailed soe farre with them that -they will doe nothing without me) I doe intend by the grace of God to -give way unto noe man to obtain a Licence or Degree without keeping an -Act at the least, &c. unless it shall happen that with some one -particular man it shall be dispenced withall by supreme Authority or in -some extraordinary case. But all this will be to little purpose, unlesse -yourselfe and the College will solicite Dr. _Clayton_, his Majesties -Professor at _Oxford_, and others of the faculty there, to doe the like; -or rather Petition to my Lord’s Grace of _Canterbury_, who out of his -innate goodnesse, and zeale for the good of the Church and Commonwealth, -and the honour of the Universities, I am fully perswaded, will grant -what you desire, against Apothecaries and Chirurgeons, and all others -which without Licence and authority do practise Physick, I could wish -there were some course taken; I know there be already good Lawes, if -they were put in execution. This much in haste (as you may perceive by -my writing) I thought good to signify unto you, out of the grateful -respect which I beare unto yourself and the whole College, tending the -honour of our common Profession, which I will maintain as much as in me -lyes, and vindicate from the invasions of Usurpers and Intruders. I have -exceeded I feare the bounds of a Letter, but that you will pardon I hope -considering the occasion. And soe with a gratefull acknowledgment of -your love and favour towards me and an ingenuous profession of much -service I owe unto you, I take my leave, as one that will be ready, upon -the least signification, to embrace your commands, and execute them with -all alacrity. - - Yours in all dutiful respects - RALPHE WINTERTON. - -From the King’s College in Cambridge, - August 25th, 1635. - - - LILLY’S DIPLOMA. - -THE LICENSE OF DR. SHELDON, ARCHBISHOP OF CANTERBURY, GRANTED TO WILLIAM - LILLY, THE ASTROLOGER, TO PRACTISE PHYSIC. _Dated A. D. 1670._ - -“Gilbertus providentia divina Cantuariensis Archiepiscopus totius Angliæ -Primas et Metropolitanus, dilecto nobis in Christo _Gulielmo Lilly_ in -Medicinis professori, salutem, gratiam, et benedictionem. Cum ex fide -digna relatione acceperimus te in arte, sive facultate medicinæ per non -modicum tempus versatum fuisse, multisque de salute et sanitate corporis -verè desperatis (Deo omnipotente adjuvante) subvenisse, eosque sanasse, -nec non in arte predicta multorum peritorum laudabili testimonio pro -experientia, fidelitate, diligentia et industria circa curas quas -susceperis, peragendas in hujusmodi arte Medicinæ merito commendatum -esse, ad practicandum igitur, et exercendum dictam artem Medicinæ in et -per totam Provinciam nostram Cant: (_Civitate Lond’ et circuitu septem -millarum eidem prox’ adjacen’ tantummodo exceptis_,) ex causis prædictis -et aliis nos in hoc per te juste moventibus, præstito primitus per te -juramento de agnoscendo Regium supremam potestatem in causis -ecclesiasticis et temporalibus ac de renunciando, refutando, et -recusando omni, et omni modo jurisdictioni, Potestati, Authontati, et -Superioritati, foraneis juxta vim formam et effectum Statui Parlamenti -hujus inclyti regni Angliæ liceat et non aliter neque alio modo te -admittimus, et approbamus tibique licentiam et facultatem nostras in hac -parte, Tenore præsentium quamdiu te bene et laudabiliter gesseris -benignè concedimus et elargimur. In cujus rei testimorium sigillum (quo -in hac parte utimur) presentibus apponi fecimus. _Dat. Undecimo Die -Mensis Octobris, Anno Domini 1670 Nostræque Translationis Anno Octavo._” - - (LS) _Radulph Snowe, et_ } Registrarii. - _Edm. Sherman._ } - - _S. Rich. Lloyd_, Sur. - -Vicarii in Spiritualibus Generalis per provinciam Cantuariensem. - -It does not appear in the memoirs of Lilly, as written by himself, that -he ever made an attempt to acquire the elements of medical science, but -was directed in his prescriptions by his astrological art only: but -having procured the above license he began to practise more openly, and -every Saturday rode to Kingston, where the poorer sort flocked to him -from several parts, and received much benefit by his prescriptions, -which he gave them freely, and without money; from those that were more -able he now and then received a _shilling_, and sometimes an -_half-crown_, if they offered it to him, otherwise he demanded nothing. - - -At the Court at the Queen’s Palace, the 26th of July, 1809. Present, - - The King’s Most Excellent MAJESTY. - - Archbishop of _Canterbury_. - Lord Chancellor. - Lord President. - Earl of _Liverpool_. - Earl of _Harrowby_. - Lord _Mulgrave_. - Mr. Chancellor of the Exchequer. - Mr. Secretary _Canning_. - Sir _David Dundas_, K. B. - Mr. _Ryder_. - -WHEREAS there was this day read at the Board, the humble memorial of Sir -LUCAS PEPYS, baronet, Physician to His Majesty, and President of the -College or Commonality of the Faculty of Physic in _London_, setting -forth, that the said President and College have, with great care, pains, -and industry, revised, corrected, and reformed a book by them formerly -published, intituled _Pharmacopœia Collegii Regalis Medicorum -Londinensis_, prescribing and directing the manner of preparing all -sorts of medicines therein contained, together with the true weights and -measures by which they ought to be made: which book is now perfected and -ready to be published, and, it is conceived, will contribute to the -public good of His Majesty’s subjects, by preventing all deceits, -differences, and uncertainties in making or compounding of medicines, -if, for the future, the manner and form prescribed therein should be -practised by Apothecaries and others in their compositions of medicines: -the Memorialist therefore most humbly prays, that His Majesty will be -graciously pleased to enforce the observance thereof in such manner as -to His Majesty shall seem meet:—His Majesty this day took the said -memorial into His Royal consideration, and being desirous to provide in -all cases for the common good of his people, and being persuaded that -the establishing of the general use of the said book may tend to the -prevention of such deceits in the making and compounding of medicines, -wherein the lives and health of His Majesty’s subjects are so highly -concerned, hath therefore thought fit, by and with the advice of His -Privy Council, hereby to notify to all Apothecaries and others -concerned, to the intent they may not pretend ignorance thereof, that -the said book, called _Pharmacopœia Collegii Regalis Medicorum -Londinensis_, is perfected and ready to be published: and His Majesty -doth therefore strictly require, charge and command all singular -Apothecaries and others, whose business it is to compound medicines, or -distil oils or waters, or make other extracts, within any part of His -Majesty’s kingdom of _Great Britain_ called _England_, dominion of -_Wales_, or town of _Berwick-upon-Tweed_, that they, and every of them, -immediately after the said _Pharmacopœia Collegii Regalis Medicorum -Londinensis_ shall be printed and published, do not compound or make any -medicine or medicinal receipt or prescription, or distil any oil or -waters, or make other extracts that are or shall be in the said -_Pharmacopœia Collegii Regalis Medicorum Londinensis_ mentioned or -named, or in any other manner or form than is or shall be directed, -prescribed, and set down in the said book, and according to the weights -and measures that are or shall be therein limited, except it shall be by -the special direction or prescription of some learned Physician in that -behalf. And His Majesty doth hereby declare, that the offenders to the -contrary, shall not only incur His Majesty’s just displeasure, but be -proceeded against for such their contempt and offences, according to the -utmost severity of law. - - STEPH: COTTERELL. - - ------- - - - 33 _Geo._ 2.—_Burrow’s Reports._ - - Rex _vers._ Master and Wardens of the Company of Surgeons in London. - -This was a cause that stood in the Crown-Paper, upon a Return to a -_Mandamus_ directed to the Master and Wardens of the Company of SURGEONS -of _London_: Reciting a Custom in the said City, “That every Freeman of -the said City, using and exercising the Art, Science, or Mystery of -_Surgery_ within the said City, hath _a Right_, in respect thereof, _to -have and take_ APPRENTICES, of the age of 14 years or upwards, to be -educated and instructed in the said Art, Science, or Mystery, for the -space of 7 years; which said _Apprentices_ have been used and accustomed -to be ADMITTED _and_ BOUND _in the presence or with the consent of the -Master and Wardens or some of them_;” And reciting that _Richard Guy_, a -Freeman of the said City, and also one of the Freemen of the said -Company of Surgeons of the said City, being desirous of taking _Melmoth -Guy_, his son, aged 15 years, to be his Apprentice for the Term of 7 -years, to be educated and instructed in the said Art, Science, or -Mystery of Surgery, had often offered the said _Melmoth Guy_ to be -admitted and bound, before the said Master and Wardens or some of them, -his said Apprentice for the Term of 7 years, in the said Art, Science, -or Mystery, according to the said custom; and that the said _Melmoth -Guy_ had also often offered himself to them or some of them, to be -admitted and bound before them or some of them, an Apprentice to the -said _Richard Guy_ for the said Term, in the said Art, Science, or -Mystery; and that the said Master and Wardens had _not permitted_ the -said _Melmoth Guy_ to be bound Apprentice to the said _Richard Guy_, for -the Term of 7 years, before them or any of them, but have altogether -refused and still refuse so to do; and commanding them, immediately and -without delay, in due manner to _permit_ the said _Melmoth Guy_ to be -ADMITTED and BOUND, before them or some of them, _an Apprentice_ to the -said _Richard Guy_, for the Term aforesaid, in the said Art, Science, or -Mystery according to the said custom, or signify cause to the contrary. - -The Return of the Master and Wardens admits the whole of the custom and -facts, to be as they are alledged in the Writ. But they further certify -and return, That long before the said _Richard Guy_ offered his said son -_Melmoth_, or the said _Melmoth_ offered himself to them or any of them, -to be admitted and bound before them or any of them, an Apprentice for -the said Term of 7 years, in the said Art, Science, or Mystery of -Surgery, according to the custom aforesaid; and after the making of a -certain Act of Parliament intitled “An Act for making the Surgeons of -_London_, and the Barbers of _London_, two separate and distinct -Corporations;” to wit, on the 7th day of _April_ in the Year of our Lord -1748, _at Stationers-hall_ in _London_ aforesaid; _John Freke_, then and -there being Master of the said Company of _Surgeons_, and _William Pyle_ -and _Legard Sparham_, then being two of the Governors of the said -Company of Surgeons, before that time duly elected chosen appointed and -sworn into their said respective offices; and also _John Ranby_ esq. -_Cæsar Hawkins_ esq. _William Petty_ esq. _Joseph Sandford_, _William -Cheseldon_ esq. _James Hicks_, _Peter Sainthill_, _Noah Roul_, _John -Westbrook_, _William Singleton_, _James Phillips_, _Joseph Webb_, _Mark -Hawkins_, _Christopher Fullagar_, _Edward Nourse_, _John Girle_ esq. and -_John Townsend_, being then and there Nine and more of the Members of -the Court of Assistants of the said Company of Surgeons before that time -duly elected chosen appointed and sworn to be of the said Court of -Assistants, did hold a Court and Assembly, at _Stationers-hall London_ -aforesaid, in order to treat and consult about and concerning the Rule -Order State and Government of the said Company of Surgeons; and that the -said _John Freke_, so being then and there Master of the said Company of -Surgeons, and the said _William Pyle_ and _Legard Sparham_, so being -then and there two of the said Governors of the said Company of -Surgeons, and the said _John Ranby_ esq. _Cæsar Hawkins_ esq. &c. &c. -&c. so being then and there nine and more of the Members of the said -Court of Assistants of that Company, being all then and there duly -assembled as aforesaid, did then and there, according to the Form of the -Statute in that case made and provided, make ordain constitute and -establish a certain BYE-LAW _and_ ORDINANCE, for the Regulation -Government and Advantage of the said Company of Surgeons, in the words -following. To wit, _Item_, It is _Ordained_ “That _no Member_ of the -said Company _shall take_ any Person into his Service, _as his -Apprentice_, to be instructed in the Art or Science of Surgery, for any -shorter time than 7 years; _which person_ SHALL UNDERSTAND _the_ LATIN -_Tongue_; his ABILITY _wherein_ shall, BEFORE _his being bound_, be -_tried by the Governors or one of them_. And every Freeman of this -Company or Foreign brother shall, within one month next after his -entertainment of any Person in order to being his Apprentice, _Present_ -such Person before the Governors or two of them, _at a Court to be by -them held_; and _there bind_ such Person to him _before the said -Governors_, by Indenture; upon pain of forfeiting 20l. of lawful money: -And the Clerk of the said Company SHALL NOT BIND any Person who has -_not_ been so presented and examined, upon pain of forfeiting the sum of -10_l._ of lawful money and being liable to be removed from his said -Office. And no Apprentice shall be turned over from one Master to -another, but at a Court in the Presence of the Master and Wardens or one -of them: And One Guinea, and no more, shall be paid for the same.” - -Which said _Ordinance_ or _By-Law_, so made as aforesaid, after the -making thereof as aforesaid, and long before the said _Richard Guy_ had -offered the said _Melmoth_, or the said _Melmoth_ had offered himself to -be admitted and bound before them or any of them, an Apprentice to the -said _Richard Guy_, for the Term of 7 years, in the said Art Science or -Mystery of Surgery, according to the Custom aforesaid, to wit, on the -9th day of the same _April_ in the said year of our Lord 1748, was -examined approved and allowed by the Right Honourable _Philip_ Lord -_Hardwicke_ the then Lord Chancellor of _Great Britain_, and by Sir -_William Lee_ Knt. the then Lord Chief Justice of His Majesty’s Court of -King’s Bench, and Sir _John Willes_ Knt. the then Lord Chief Justice of -His Majesty’s Court of Common Bench, according to the Form of the -Statute in that Case made and provided. - -They further return That the said Ordinance or By-Law, so made examined -approved and allowed as aforesaid, hath ever since the making -examination approbation and allowance thereof as aforesaid, been, and -now is in full force and effect, and in no wise annulled revoked and -vacated. - -They then return That after the making examination approbation and -allowance of the said Ordinance or By-Law as aforesaid, and before the -Issuing of this Writ, to wit, on the 3d of _May_ in the Year of our Lord -1759, at a certain Court then holden at _Surgeons Hall_ in the _Old -Bailey London_, by _Mark Hawkins_ then Master, and _Christopher -Fullagar_ and _Edward Nourse_ then Governors of the said Company of -Surgeons, (They the said _Mark Hawkins_, _Christopher Fullagar_ and -_Edward Nourse_, having before that Time been duly elected chosen -appointed and sworn into their said respective Offices, according to the -Form of the Statute in that Case made and provided,) came the said -_Richard Guy_ before the said Court, and offered and presented his said -Son _Melmoth_; And the said _Melmoth_ did then and there offer himself -to the said Master and Governors then being at that Court, to be -admitted and bound, before them, an Apprentice to the said _Richard -Guy_, for the Term of 7 years, in the said Art Science or Mystery of -Surgery; And that the said _Melmoth Guy_, being so offered and presented -as aforesaid, was then and there _examined_ touching his knowledge in -the _Latin_ tongue; And his ability therein, _in Pursuance_ of the -Ordinance or By-Law aforesaid, was then and there _fairly_, _candidly_, -and _impartially_ TRIED by the said _Edward Nourse_, he the said -_Edward_ being then and there one of the Governors of the said Company -of Surgeons: And that the said _Melmoth Guy_, UPON _such his -Examination_, and _upon his Ability_ in the _Latin Tongue_ being so as -aforesaid _tried_ by the said _Edward Nourse_ (so being one of the -Governors or Wardens of the said Company as aforesaid) _was found_, NOT -_to understand_ the _Latin_ Tongue, but to be WHOLLY IGNORANT _thereof_; -and was then and there so ADJUDGED _and declared_ to be, by the said -_Edward Nourse_, on such Trial.—Wherefore the said Court could not -consent, but did then and there refuse to permit the said _Melmoth Guy_ -to be admitted and bound an Apprentice to the said _Richard Guy_, for -the Term of 7 years, in the said Art Science or Mystery of Surgery, -according to the Custom aforesaid, UNTIL such Time as the said _Melmoth -should understand_ the _Latin_ Tongue, as by the aforesaid Ordinance or -By-Law is in that behalf required. - -They further return expressly and positively, That the said _Melmoth -Guy_, when he was so presented and offered as aforesaid, before the -aforesaid Master and Governors or Wardens of the said Company of -Surgeons, at the said Court, by them held for the purpose herein before -in that behalf mentioned, DID NOT understand the _Latin_ Tongue: but WAS -UTTERLY IGNORANT of the same: And that the said _Melmoth Guy_ hath NOT, -at any Time before or since his being so examined and tried as to his -Ability in the _Latin_ Tongue as aforesaid, _offered himself or been -presented_ to the said Company or Governors thereof, or any one of them -for the Time being, _to be tried_ as to his ability in the _Latin_ -Tongue. - -And therefore they cannot permit the said _Melmoth Guy_ to be admitted -and bound before them an Apprentice to the said _Richard Guy_ for the -said Term of 7 years, in the said Art Science or Mystery of Surgery, -according to the Custom aforesaid, as by the Writ they are commanded. - -Mr. _Field pro Rege_ objected and argued “That this was an -_insufficient_ Return:” For that the _By-Law_ is a _bad_ one, being made -in _Restraint of a natural general and common Right_. - -The _first_ Restriction of the common Right that every Person has of -learning and exercising any Art in any Place, except where it happens to -be restrained by Custom, is the Act of 5 _Eliz._ c. 4. - -The City of _London_ have indeed, _by Custom_, a Power over the Youth of -their City, and a Power of excluding Foreigners from exercising Trades -within their City. - -11 _Rep._ 53. _Taylors of Ipswich Case_, shews the _general_ Law to be, -that a person ought not to be restrained in his lawful Mystery. - -_Private Companies_ can not make Laws contrary to the _General_ Law or -to the _Customs_ of great Cities: though great Cities and Towns may do -so. This distinction is mentioned in 6 _Mod._ 120.[176] _Cuddon_ v. -_Estwick_. And he cited the Case of _the City of London_ v. _Vanacker_, -in 1 _Ld. Raym._ 496. where _Holt_ Ch. J. said that “if the By-Law was -for the _Benefit of the City_, it would be good.” - -This By-Law, therefore, is not good, without a particular Custom to -support it: for it _restrains a Common-Law Right_. - -The Return does not aver that the understanding the _Latin_ Tongue _is_ -a _necessary qualification_ of a Surgeon: And their Art may certainly be -performed _without_ it. At least, ’tis no objection to a young Person’s -being put out to _learn_ the Art; whatever it might be to the Admission -of a Man to _practise_ it. - -Besides, “Understanding the _Latin_ Tongue,” is a very _indefinite_ and -_vague_ expression: And a very different idea of it would be conceived -by different persons; as by _Dr. Bentley_ (for instance) and by a[177] -Warden of the Surgeons Company. - -Bad consequences too, may arise from this By-Law: And if so, it shall -not prevail. _Godbolt_ 254. S. C. with that of _the Taylors of Ipswich_, -(there called _The Cloth-workers of Ipswich Case_.) - -If the _By-Law is bad_, this young man’s not understanding _Latin_ will -_not cure or help_ it. However, the By-Law does _not expressly forbid_ -such a Person to be admitted: It is _not mandatory_, but only -_directory_. - -Mr. Serjeant _Hewit contra_, was rising up, to speak in support of the -Return, - -But Lord MANSFIELD said it was too plain to argue. - - Whereupon, _Per Cur._ - RETURN ALLOWED. - - - MIDWIFE’S OATH. - - The Oath to be administered to a Midwife by the Bishop or his -Chancellor, when she is licensed to that office, is said to have been as - followeth. 2 _Burn Ecc. Law 469._ - -“You shall swear, first, that you shall be diligent and faithful and -ready to help every woman labouring with child, as well the poor as the -rich; and that in time of necessity you shall not forsake the poor woman -to go to the rich. - -“_Item._ You shall neither cause nor suffer any woman to name or put any -other father to the child but only him which is the very true father -thereof indeed. - -“_Item._ You shall not suffer any woman to pretend, feign, or surmise -herself to be delivered of a child, who is not indeed; neither to claim -any other woman’s child for her own. - -“_Item._ You shall not suffer any woman’s child to be murdered, maimed, -or otherwise hurt, as much as you may: and so often as you shall -perceive any peril or jeopardy, either in the woman, or in the child, in -any such wise as you shall be in doubt what shall chance thereof, you -shall thenceforth in due time send for other midwives and expert women -in that faculty, and use their advice and counsel in that behalf. - -“_Item._ You shall not in any wise use or exercise any manner of -witchcraft, charm, or sorcery, invocation, or other prayers, than may -stand with God’s laws and the King’s. - -“_Item._ You shall not give any counsel or minister any herb, medicine, -or potion, or any other thing to any woman being with child, whereby she -should destroy or cast out that she goeth withal before her time. - -“_Item._ You shall not enforce any woman being with child, by any pain -or by any ungodly ways or means, to give you any more for your pains or -labour in bringing her to bed, than they would otherwise do. - -“_Item._ You shall not consent, agree, give, or keep counsel, that any -woman be delivered secretly of that which she goeth with, but in the -presence of two or three lights ready. - -“_Item._ You shall be secret, and not open any matter appertaining to -your office, in the presence of any man, unless necessity, or great -urgent cause do constrain you so to do. - -“_Item._ If any child be dead born you yourself shall see it buried in -such secret place, as neither hog, or dog, nor any other beast may come -unto it; and in such sort done, as it be not found or perceived, as much -as you may: and that you shall not suffer any such child to be cast into -the jaques or any other inconvenient place. - -“_Item._ If you shall know any midwife using or doing any thing contrary -to any of the premises, or in any otherwise than shall be seemly or -convenient, you shall forthwith detect, open, or shew the same to me or -my Chancellor for the time being. - -“_Item._ You shall use yourself in honest behaviour unto the woman, -being lawfully admitted to the room and office of Midwife, in all things -accordingly. - -“_Item._ That you shall truly present to myself or my Chancellor, all -such women as you shall know from time to time to occupy and exercise -the room of a midwife within my aforesaid diocese and jurisdiction of —— -without any licence and admission. - -“_Item._ You shall not make or assign any deputy or deputies, to -exercise or occupy under you in your absence the office or room of a -Midwife, but such as you shall perfectly know to be of right honest and -discreet behaviour; and also apt, able, and having sufficient knowledge -and experience to exercise the said room and office. - -“_Item._ You shall not be privy, or consent, that any priest or other -party shall in your absence, or in your company, or of your knowledge or -sufferance, baptize any child by any mass, latin service, or prayers, -than such as are appointed by the laws of the Church of England; neither -shall you consent that any child born by any woman who shall be -delivered by you shall be carried away without being baptized in the -parish by the ordinary minister where the said child is born, unless it -be in case of necessity baptized privately according to the Book of -Common Prayer: but you shall forthwith, upon understanding thereof, -either give knowledge to me the said Bishop, or my Chancellor for the -time being. - -“All which articles and charge you shall faithfully observe and keep: So -help you God, and by the contents of this book.” - - (Book of Oaths.) - - ------- - - - Certificate of the College of Physicians concerning the Midwives of - London. - - May it please your Lordships, - -Upon consideration taken of this petition hereunto annexed, presented -unto the President and College of Physicians by the Midwives, We, the -College of Physicians, conceiving the said complaint to be grounded upon -just grievance, and to conduce to a general good, in the timely -prevention of so growing an inconvenience, have particularly informed -ourselves concerning the said business, and do certify that the like -project was formerly attempted by another, which is now intended by the -doctour, and therefore was referred by _K. James_, of blessed memory, to -the Lords of the Council, and by their Lordships to the College of -Physicians, to certify their opinion thereof; who upon mature -deliberation made report to their Lordships of the unfitness of the said -proposition, there being no such custom ever used either here or in any -other kingdom, Wherefore the same was rejected and died. And whereas we -understand that the said Doctour doth ground his complaint upon the -insufficiency of Midwives, whom he would undertake to teach, though -licensed by your Lordship’s officers, whom we do believe to be as -careful in admitting of Midwives as they are in other kingdoms; only we -are informed that divers do practise without licence, and some are -deputies to others, through whom we probably conceive some abuses to -grow, because their abilities and honesty of lives and conversation are -not testified upon oath as others are who are licenced. But for adding -sufficiently to them by the Doctour’s instruction, he is not otherwise -able to instruct them than any other the meanest Fellow of our College, -unless he understand it by the use of iron instruments, which Physicians -and Chirurgeons may practice if they please; and some do and have done -with as good success and dexterity as himself, and therefore there is no -necessity of a sole dependance upon him. And it being true that is -reported by the Midwives, the Doctour doth often refuse to come to the -poor, they being not able to pay him according to his demands; and for -the rich he denies them his help until he hath first bargained for great -rewards; which besides that they are in themselves dishonest, covetous, -and unconscionable courses, they are also contrary to the laws and -statutes of our College, to which by oath he is bound. We therefore for -this and other reasons we can alledge, conceive his suit to be -unreasonable and inconvenient. And so do humbly leave the same to your -Lordships’ grave judgments, unto whom his Majesty referred the -consideration thereof. - - (Goodall’s Proceedings of the College against Empiricks, p. 465.) - - - 59 _Geo._ 3. _c._ 41. - - An Act to establish Regulations for preventing Contagious Diseases in - _Ireland_. 14th _June_ 1819. - -Whereas it has become highly expedient to provide for and secure -constant attention to the health and comforts of the inhabitants of -_Ireland_, and for the prevention of contagious disease, more especially -in the cities and great towns thereof; and that for that purpose -officers of health should be annually appointed in all cities and large -towns, and that such officers should also be appointed in such towns, -parishes, and villages in the country, as shall think it proper or -necessary to adopt such a measure; be it therefore enacted by the King’s -most excellent Majesty, by and with the advice and consent of the Lords -Spiritual and Temporal, and Commons, in this present Parliament -assembled, and by the authority of the same, That within one calendar -month next after the passing of this Act, and within one calendar month -after the twenty-fifth day of _March_ in the year one thousand eight -hundred and twenty, and in every subsequent year, in every city and town -in _Ireland_, which shall contain one thousand inhabitants, or upwards; -and in every city and large town where the Lord Lieutenant, or other -Chief Governor or Governors of _Ireland_, shall think fit to direct that -this Act shall be carried into effect, the inhabitant householders of -each and every parish in such city or town, assembled in vestry, shall -and they are hereby required to elect and appoint any number of persons -not less than two, and not more than five, to be officers of health for -such parish, for the year ending on the twenty-fifth day of _March_ next -after such election, and until new officers of health shall be in like -manner appointed for such parish for the year ensuing. - -II. And be it further enacted, That such officers of health, so to be -elected and appointed, shall act in the execution of this Act without -any salary, fee, or reward whatsoever; and that the expenses to be -incurred by such officers in the execution of their Duties under this -Act, not exceeding such sums as shall be specified and determined on, -and limited and directed at the vestry to be assembled for the choice of -such officers, or at any subsequent vestry to be called by the said -officers, shall be raised and levied on the inhabitants of such parish, -in such manner and form as other parochial assessments are raised and -levied, and shall by the said officers of health be applied to the -purposes of this Act; and the expenditure thereof shall be accounted for -by the said officers in such manner as other parochial assessments are -accounted for, and either at such times as other assessments are -accounted for according to law, or at such other times and periods of -the year, and as often from time to time as shall be directed at the -vestry to be assembled for the appointment of such officers, or at any -other vestry to be called by two inhabitants of such parish; and that -copies of all such accounts shall once in every year, before the -twenty-fifth day of _April_ in each year, be transmitted by such -officers of health to such public officer, or office or place in -_Dublin_, as shall be from time to time directed by the Lord Lieutenant, -or other Chief Governor or Governors of _Ireland_ for the time being, or -his or their Chief Secretary. - -III. And be it further enacted, That it shall and may be lawful for the -inhabitant householders of any parish, town, or place whatever, in -vestry assembled, in any part of _Ireland_, to appoint such officers of -health for such parish, in case they shall think fit and expedient so to -do; and to raise such sum or sums of money, to be levied and accounted -as directed by this Act, in like manner as by this Act is required to be -done in cities and large towns as aforesaid. - -IV. Provided always, and be it enacted, That no person shall be -compelled or compellable to act or serve as such officer of health, in -any parish or place, for any longer term than one year, nor to act or -serve as such officer for any year commencing within three years after -the end of any year for which he shall have served as aforesaid. - -V. Provided also, and be it enacted, That it shall and may be lawful for -the inhabitant householders of any parish in any county, city, town, or -place in _Ireland_, to elect the churchwardens of such parish for the -time being to be officers of health under this Act, in case they shall -think fit so to do; and it shall be lawful for such churchwardens, and -they are hereby authorized and required, to act as such officers of -health accordingly, under the present provisions of this Act. - -VI. Provided also, and be it enacted, That where any city or town as -aforesaid, containing one thousand inhabitants, or where the Lord -Lieutenant or other Chief Governor or Governors of _Ireland_ shall -direct this Act to be carried into execution, in case the inhabitant -householders in any parish or parishes in such city or town shall -neglect or refuse to elect and appoint such officers of health, within -such time as is required by this Act, or as shall be required by any -order of such Lord Lieutenant, or other Chief Governor or Governors, it -shall and may be lawful for the Justices of the Peace assembled at the -Quarter Sessions, or any adjournment thereof, for the county, city, or -town within which such parish shall be situate, and the said Justices -are hereby authorized and required, to appoint such officers of health -in and for such parish, and also at the same time to appoint and limit -what sum shall be raised by assessment on such parish for the purposes -of this Act, and such sum shall and may be raised and levied -accordingly, in like manner as any other parish assessments, and as if -the same had been authorised by the vestries of such parishes, and shall -be applied and accounted for in the manner herein before directed. - -VII. And be it further enacted, That it shall and may be lawful for any -one or more of the persons so to be appointed officers of health, and he -and they is and are hereby authorized, empowered, and required to cause -and direct all streets and lanes, and all yards and courts adjoining -thereto, and all houses let in several tenements and room-keepers, and -the yards, gardens, or places belonging to such houses, to be cleansed -and purified, and all nuisances prejudicial to health to be removed -therefrom; and all public sewers to be cleansed, and where necessary, to -be covered over, and all lodgments of standing water to be filled up or -drained off; and also to cause and direct all other matters and things -to be done for the ventilation, fumigation, and cleansing of any house -whatever, in which fever or other contagious distemper shall have -occurred, and for the washing and purifying the persons and clothes of -the inhabitants of every such house, as shall appear to any such officer -of health to be indispensably necessary for the preservation and -security of the inhabitants of such parish against the danger of -contagion, unless due precautions shall have previously been taken for -such purposes by the inhabitants of such house; and it shall be lawful -for all constables and peace officers, and they are hereby authorized, -empowered, and required, to be aiding and assisting to such officers of -health in the doing all matters and things whatsoever in the execution -of this Act. - -VIII. And be it further enacted, That in any parish or parishes in any -city or town where any such officers of health shall be appointed as -aforesaid, and where no power or authority is or shall be vested in or -given to Magistrates or Corporation of such city or town, to regulate -the sweeping and cleansing of the streets therein, and the collecting -and disposing of the dirt, dung, and filth of the said streets, and also -in any city or town whatever, where the scavengers or other persons who -shall be entrusted with or contract for the cleansing and sweeping of -the streets, under the direction of the Magistrates or Corporation or -not, shall neglect or omit to cleanse and sweep the streets and lanes of -such city or town, twice at least in every week, it shall and may be -lawful for such officers of health to cause and direct such streets to -be swept and cleansed, and the dirt, dung, and filth collected from the -same to be sold and disposed of, and the produce thereof to be applied -for the purposes of this Act, and in diminution of the charge on the -parish for which such officers shall be appointed: provided always, that -in all cases where the Magistrates or Corporation of any city or town -have or shall have power and authority to regulate the sweeping or -cleansing of the streets, or where any scavenger or other person shall -be appointed or shall have contracted for that purpose, the said -officers of health shall give twenty-four hours notice to the chief -magistrate of such city or town, and to the scavenger or other person -contracting for the cleansing of such streets, of the neglect or -omission to sweep and cleanse the same; and that at the expiration of -such twenty-four hours, in case the said streets shall not be duly swept -and cleansed, it shall be lawful for the said officers of health to -cause the same to be swept and cleansed, and the produce thereof to be -disposed of as aforesaid, any act, charter, law, usage or custom to the -contrary notwithstanding. - -IX. And for the preventing the danger of contagion and other evils, from -the unrestrained intercourse of strolling beggars, vagabonds, and idle -poor persons seeking relief; be it enacted, That from and after the -passing of this Act, it shall and may be lawful for any one Justice of -Peace within his jurisdiction, or any churchwarden of any parish in any -city, town, or place in _Ireland_, or for any officer of health -appointed in any parish in pursuance of this Act, and they are hereby -respectively empowered and required, to apprehend all idle poor persons, -men, women, or children, and all persons who may be found begging or -seeking relief, or strolling or wandering as vagabonds within any parish -or place, and to direct and cause all such idle persons, beggars, and -vagabonds to be removed and conveyed out of and from such parish and -place, in such manner and to such place as the nature of the case may -require; and it shall and may be lawful for any such Justice of the -Peace, upon his own view, or upon the complaint of any churchwarden or -officer of health to commit any such strolling beggar or vagabond, or -idle poor person, to any Bridewell or House of Correction, or other -public place of confinement, for any time not exceeding twenty-four -hours previous to their removal or departure out of such parish; and it -shall and may be lawful for any churchwarden or officer of health in -such parish, during such period of twenty-four hours, to cause the -persons and clothes of such idle poor persons, beggars, or vagabonds so -committed, to be washed and cleansed; and it shall be lawful for the -Justices of any county, city, or town assembled at any Quarter Sessions -or adjournment thereof, to constitute and appoint any suitable -unoccupied building to be a Bridewell or place of confinement for such -idle persons, beggars, and vagabonds, with the consent and approbation -of the owner of such house or building, and to apply to and agree with -such owner for such purpose accordingly; and every beadle, constable, -and peace officer within their respective districts or jurisdictions, -shall be and are hereby required to be assistant to the said Justices of -Peace, churchwardens, and officers of health, in such apprehension, and -confinement, and treatment of such idle poor persons, beggars, and -vagabonds, pursuant to the provisions of this Act. - -X. And be it further enacted, That if any person or persons shall resist -or oppose any Justice of Peace, churchwarden, or officer of health, in -the execution of the powers of this Act, or in the doing or performing -of any matter or thing in the execution of this Act, every such person -or persons so guilty of resisting or opposing shall, on conviction -thereof before any two Justices of Peace or Magistrates within their -jurisdiction, on the oath or affirmation of any one or more credible -witness, or on the confession of the party so offending, incur such -penalty, not less than ten shillings nor more than five pounds, as such -Justices of Peace or Magistrates shall in their discretion think proper -to adjudge and inflict; or in failure of making payment of such fine, -such offenders shall and may be committed to the Common Gaol or House of -Correction for any time not exceeding three calendar months; and no such -conviction shall be quashed for informality, nor shall be removed or -removable by _certiorari_ or otherwise, nor subject to any appeal -whatever. - -XI. And be it further enacted, That if any action shall be brought -against any person or persons for any thing done in the execution of any -of the powers or duties by this act given or required, the defendant or -defendants may in every such suit plead the general issue, and give this -act and the special matter in evidence; and in every case where the -plaintiff or plaintiffs in such suit shall fail, the court in which such -suit shall be carried on shall award costs to the defendant or -defendants. - - ------- - - - 14 _Geo._ 3. _c._ 49. - - An Act for regulating Mad-Houses. - -Whereas, many great and dangerous abuses frequently arise from the -present state of Houses kept for the reception of Lunaticks, for want of -regulations with respect to the persons keeping such houses, the -admission of Patients into them, and the Visitation by proper persons of -the said Houses and Patients: And whereas the law, as it now stands, is -insufficient for preventing or discovering such abuses; may it therefore -please your Majesty that it may be enacted; and be it enacted by the -King’s most Excellent Majesty, by and with the advice and consent of the -Lords Spiritual and Temporal, and Commons, in this present Parliament -assembled, and by the authority of the same, That, from and after the -Twentieth day of November One thousand seven hundred and seventy-four, -if any person or persons, in that part of _Great Britain_ called -_England_, the dominion of _Wales_, or town of _Berwick upon Tweed_, -shall, upon any pretence whatsoever, conceal, harbour, entertain, or -confine, in any house or place, kept for the reception of Lunaticks, -more than one Lunatick, at any one time, without having such Licence for -that purpose as is herein-after directed, (except such Lunaticks as are -committed by the Lord High Chancellor of _Great Britain_, or Lord -Keeper, or Commissioners for the Custody of the Great Seal for the time -being), every such person shall, for every such offence, forfeit and pay -the sum of Five hundred Pounds. - -And, in order that proper persons may be appointed for visiting such -houses as shall be licenced and kept for the reception of Lunaticks, -within the cities of _London_ and _Westminster_, and within seven miles -of the same, and within the county of _Middlesex_, be it further enacted -by the authority aforesaid, That the President and Fellows of the Royal -College of Physicians in _London_ for the time being, at a general -meeting of the said College, to be held upon the last day of -_September_, or if that day falls upon Sunday, then upon the first day -of _October_, in every year, shall elect Five Fellows of the said -College for granting such Licences as aforesaid, within the said cities -of _London_ and _Westminster_, and within seven miles of the same, and -within the said county of _Middlesex_, according to the directions of -this act; and the said Five Fellows, so elected, shall be and are hereby -declared to be, Commissioners for granting such Licences within the -limits aforesaid, for the year then next ensuing; provided that two, at -least, of the said Fellows, to be so elected, shall be persons who have -not acted as Commissioners for the preceding year; and that no person -whatsoever shall be capable of being elected, or of acting as a -Commissioner, for more than three years successively. - -And be it further enacted, That in case, at any time of election there -shall not be found a sufficient number of Fellows qualified or willing -to act as Commissioners, the said President and Fellows are hereby -required, upon every such deficiency, to elect one or more from among -the Licenciates to supply the same. - -And be it further enacted by the authority aforesaid, That as often as -any of the Commissioners, to be elected as aforesaid, shall die, or -refuse to act, the said President is hereby required to call a meeting -of the said Fellows, within fourteen days next after such death or -refusal shall be known to the said President, in order to elect a -Commissioner in the room of every Commissioner who shall so die, or -refuse to act; and every Commissioner so to be elected, shall be, and is -hereby vested with the same power and authority, in all respects -whatsoever, as the Commissioner in whose place he shall be chosen was -vested with. - -And be it further enacted, That every person who shall be elected a -Commissioner to act within the cities of _London_ and _Westminster_, and -within seven miles of the same, and within the county of _Middlesex_, as -aforesaid, shall, within ten days after such election, take the -following Oath; (that is to say), - - I _A. B._ do swear, That I will faithfully and impartially execute all - the trusts committed unto me, by virtue of an Act of Parliament, made - in the Fourteenth year of the reign of King _George_ the Third, - intituled, _An Act for regulating Mad-houses_; and that I will not, - directly or indirectly, give notice, or cause notice to be given to - the Keeper, or person having the care of any house or place licensed - for the reception of Lunaticks, of the time of visitation of such - house or place. - - _So help me_ GOD. - -Which Oath it shall and may be lawful for the President of the College -of Physicians for the time being to administer to every such -Commissioner, so to be elected as aforesaid, upon the day he shall be so -elected, or within ten days afterwards: And in case any person who shall -be elected a Commissioner as aforesaid, and who shall be summoned by the -President of the said College to attend the said President to take the -said oath, at such time as shall be mentioned in such summons, shall -refuse or neglect to attend, or attending, shall refuse to take the said -oath, he shall forfeit and pay the sum of Five Pounds, to be applied to -the use of the said College. - -And be it further enacted by the authority aforesaid, That the said -Commissioners, so to be elected as aforesaid, or any three or more of -them, shall meet in the hall, or some other convenient place in the said -College, as often as they shall think fit, so as such meetings do not -interfere with the meetings of the Board of Censors, nor with any other -general meeting of the College of Physicians; and that at all meetings -of the said Commissioners to be holden for the purposes of this act, the -Commissioner who is of the longest standing in the College shall be -Chairman. - -And be it further enacted, That the Treasurer of the said College for -the time being shall be the Treasurer for the purposes of this act; and -that the said Commissioners, or any three or more of them, shall at some -meeting, to be holden within fourteen days next after they shall be -elected as aforesaid, chuse and appoint a proper person to be their -Secretary for the year then ensuing; and such Secretary shall be paid -such salary or gratuity, for his trouble and attendance in the execution -of his office, by the said Treasurer, as the said Commissioners, or any -three or more of them, shall order and direct; and every such Secretary -shall, at the next meeting of the said Commissioners after he shall be -so appointed, take the following Oath: - - I _A. B._ do swear, That I will faithfully execute all such trusts as - shall be committed to my charge, as Secretary to the Commissioners for - executing an Act of Parliament, made in the fourteenth Year of the - reign of King _George_ the Third, intituled, _An Act for regulating - Mad-houses_; and that I will keep secret all such matters as shall - come to my knowledge, in the execution of my office, (except when - required to divulge the same by legal authority). - - _So help me_ GOD. - -And be it further enacted, That the said Commissioners, or any three or -more of them, shall meet annually on the third _Wednesday_ in the month -of _October_, or within ten days afterwards, in order to grant Licences -to persons for keeping houses for the reception of Lunaticks for one -year, from the twentieth day of _November_ then next ensuing, within the -said cities of _London_ and _Westminster_, and within seven miles of the -same, and within the said county of _Middlesex_; but notice of the -place, and of the day and hour of every meeting for granting such -Licences, shall always be published three several times in the _London -Gazette_, before the day of meeting for granting any such Licences, -(which Licences they are hereby required to grant to all persons who -shall desire the same); and all Licences to be granted by the said -commissioners shall be duly stamped with a five shillings stamp, and -shall be under the hands and seals of three or more of the said -commissioners, for each of which Licences there shall be paid to the -said secretary, by the person applying to take out the same, the sums -following; (that is to say), for each and every house wherein there -shall be kept any number of Lunaticks, not exceeding ten, the sum of ten -pounds; and for each and every house wherein there shall be kept above -ten, the sum of fifteen pounds, and no more, over and above what shall -have been paid for the said stamp; which money shall be paid over by the -said secretary to the treasurer; and the further sum of six shillings -and eightpence, and no more shall be paid on every such licence to the -said secretary for his fee. - -Provided always, That no one Licence shall authorise any person or -persons to keep more houses than one for the reception of Lunaticks; nor -shall any Licence, to be granted by virtue of this act, continue in -force for any longer time than for one year. - -And be it further enacted by the authority aforesaid, That no -commissioner, to be appointed as aforesaid, shall, directly or -indirectly, during the time he shall be a commissioner, be interested in -keeping any house for the reception of Lunaticks, upon pain of -forfeiting, for such offence, the sum of fifty pounds. - -And be it further enacted, That the president of the said College of -Physicians for the time being shall, and is hereby required to cause -summons to be sent to the said several commissioners, requiring them to -attend at the first meeting after they shall be appointed commissioners, -as aforesaid; all which summons shall be sent by the beadle, or such -other person belonging to the said College, as the said president shall -think proper; and shall be left at the respective houses, or usual -places of abode, of each commissioner. - -Provided nevertheless, That in case any two commissioners shall, at any -time or times, think proper to call a meeting of the said commissioners, -such two commissioners may themselves cause the like notice to be given, -and to be sent, in manner aforesaid, to the other commissioners, -requiring their attendance at such time and place as shall be expressed -in such notice. - -Provided always, That at all meetings of the said commissioners in the -execution of this act, in case of an equality of votes, the chairman -shall have the casting vote. - -And be it further enacted, That the said commissioners, or any three or -more of them, either by themselves or with their secretary, as they -shall think fit, shall, and they are hereby required, once at least in -every year, and whenever required by the Lord High Chancellor, or Lord -Keeper, or Commissioners for the custody of the Great Seal, or by the -Lord Chief Justice of the Court of King’s Bench, or by the Lord Chief -Justice of the Court of Common Pleas, for the time being, to visit and -inspect all such houses as shall have been licensed by them, as -aforesaid, between the hours of eight and five in the day-time; and may, -in like manner, at any other time or times, within the hours aforesaid, -visit and inspect all such houses as often as they, or any three or more -of them, shall think necessary, and shall have, at all such times, -liberty and power to continue in such house, and to examine the persons -confined as Lunaticks therein, for such time as they shall think proper. - -And be it further enacted, That the said commissioners, or their -secretary, shall, at every such visitation, make minutes, in writing, of -the state and condition of all such houses which they shall so visit, as -to the care of the patients therein, and all such other particulars as -they shall think deserve their notice, together with their observations -thereupon; all which minutes shall, within one week next after such -visitation, be by the said secretary entered, by way of report, in a -register to be kept by him in the said College of Physicians for that -purpose, and the same shall be read to, and signed by, the said -commissioners, or any three or more of them, at their next meeting: but -no minute which tends to impeach the character of any house shall be so -entered, unless such minute shall have been previously signed by three -or more of the said commissioners who shall have been present at such -visitation; and in case the commissioners, upon their visitation, shall -discover any thing that, in their opinion, shall deserve censure or -animadversion, they shall, in that case, report the same: and such part -of their report, and no more, shall be hung up in Censor’s room of the -College, to be perused and inspected by any person who shall apply for -that purpose. - -And be it further enacted, That in case the keeper of any house or place -for the reception of Lunaticks, within the cities of _London_ or -_Westminster_, or within seven miles distance thereof, or within the -county of _Middlesex_, shall refuse all or any of the said -commissioners, at the time of their visitation, admittance into such -house or place as aforesaid, with or without their secretary, the master -or keeper of such house or place shall, for such offence, forfeit his -licence. - -And be it further enacted, That the said commissioners, or any three or -more of them, shall, from time to time, cause an exact account to be -kept of all their proceedings; and all such accounts shall be entered in -the same register as the minutes taken at their visitations are directed -to be entered as aforesaid; and the said register shall be lodged in the -College of Physicians in a strong chest or box, which said chest or box -shall be under the care of the beadle or house-keeper belonging to the -said College, and shall be carefully locked up, from time to time, by -the secretary to the said commissioners, and the key thereof kept by -such secretary; which said register shall be deemed to belong to the -said commissioners, and the key of the said chest or box shall be -delivered over to every succeeding secretary, whenever the former -secretary shall go out of office, and be kept by such succeeding -secretary in manner aforesaid, for the use of the said commissioners. - -Provided always, That the president of the said College shall have -liberty to inspect the said register, from time to time, as often as he -shall think proper, provided such inspection be made at the College, and -in the presence of the secretary to the said commissioners. - -And be it further enacted, That if any person shall apply to one of the -commissioners, in order to be informed whether any particular person or -persons have been confined in any of the said licensed houses, and the -said commissioners shall think it reasonable to permit such inquiry to -be made, and shall sign an order, directed to the secretary for that -purpose; he, the said secretary, is hereby required, upon the receipt of -such order, to make search upon his papers: and if it shall appear upon -such search, that the person or persons so enquired after have been -confined in any of the said houses, the said secretary shall immediately -acquaint the persons so applying with the name of the keeper in whose -house, and also the names of those by whose direction and advice, such -person or persons have been so confined. - -And be it further enacted, That the said treasurer shall, and is hereby -required to pay to each of the commissioners for every time they shall, -in obedience to this act, or any requisition therein contained, visit -and inspect any such licensed house or place, as aforesaid, within the -limits aforesaid, the sum of one guinea; and shall also pay and -discharge all such reasonable expenses of the said commissioners as they -shall, from time to time, incur in the execution of this act; and the -said treasurer is hereby required, from time to time, to keep an exact -and true account of all monies by him received and disbursed in relation -to this act, and shall enter such account in a book to be kept for that -purpose; which book shall be lodged in the box or chest where the -register of the proceedings of the said commissioners is directed to be -kept, as aforesaid: which accounts shall be produced to the president of -the said college, when required by the said president and elects, to be -examined and settled by them; and if, upon such examination, the said -accounts shall appear to be just and reasonable, the same shall be -allowed and signed by the said president, and at least four of the -elects, and shall be by the said president reported, together with the -other accounts, at the next General Meeting of the said college; and the -said account, being so allowed, signed, and reported, shall be a full -discharge to the said treasurer for so much money as shall in such -account appear to have been disbursed by him, on account of the -execution of this act. - -And, in order that the said commissioners may know when any patient is -received into any such licensed house or place, as aforesaid, be it -further enacted by the authority aforesaid, That the keeper of every -such licensed house or place within the said cities of _London_ and -_Westminster_, and within seven miles of the same, and within the said -county of _Middlesex_, is hereby required, within the space of three -days after any patient shall be received into any such licensed house or -place, (except such pauper lunaticks as shall happen to be sent there by -parish officers), to cause notice thereof to be given to the secretary -to the said commissioners, which notice shall contain the name of every -such person received as a lunatick into such house or place, the name or -names, and place or places of abode, of the person or persons by whose -direction such lunatick was sent to such house or place, and also the -name and place of abode of the physician, surgeon, or apothecary, by -whose advice such direction was given; all which notices shall be sent -sealed up, directed _To the Secretary to the Commissioners for licensing -Houses for the Reception of Lunaticks, to be left with the Beadle of the -College of Physicians in London_; all which notices the said beadle is -hereby directed to receive, and to deliver to the said secretary, within -two days after the same shall come to his hands; and the secretary is -hereby required to file and preserve all such notices, and also to -enter, or cause a copy or extract thereof to be entered, in the -register, within two days after the receipt of such notices; and every -keeper of any such licensed house or place, who shall admit, harbour, -entertain, or confine, any person as a lunatick, without having an -order, in writing, under the hand and seal of some physician, surgeon, -or apothecary, that such person is proper to be received into such house -or place as a lunatick, or shall receive any lunatick into any such -house or place, having such order, and shall not give notice thereof to -the secretary of the said commissioners, within the time, and in the -manner aforesaid, shall forfeit and pay the sum of One hundred pounds. - -And, in order that such houses or places for the reception of lunaticks -as are not situated within the limits aforesaid may be put under some -regulation, be it further enacted, That no house, which is not within -the said city of _London_, or within seven miles of the same, or within -the said county of _Middlesex_, shall be kept for the reception of more -than one lunatick, unless such house or place shall be licensed by the -Justices of the Peace, at some Quarter Sessions of the Peace to be -holden for the county or place wherein such house or place shall be -situated. - -And be it further enacted, That the Justices of the Peace, at any -General Quarter Sessions of the Peace, to be holden for any such County -or Place, are hereby authorised and required to grant Licenses to such -person and persons as shall apply for that purpose, such person or -persons paying for each License the sums following; (that is to say), -for each and every house, wherein there shall be kept any number of -lunaticks, not exceeding ten, the sum of Ten Pounds, and no more; and -for each and every house, wherein there shall be kept above the number -of ten lunaticks, the sum of Fifteen Pounds, and no more; and that no -one License shall authorise any person or persons to keep more houses -than one for the reception of lunaticks, nor shall any such License be -granted for any longer term than for one year; and the said Justices -shall, at the time of granting such Licenses as aforesaid, nominate and -appoint two Justices of the Peace for the said County, and also one -Physician, to visit and inspect all such houses as shall be licensed by -such Justices as aforesaid; and the said Justices and Physicians, so -nominated and appointed, or any two of them, whereof the Physician to be -one, may, and are hereby authorised and impowered to visit, in the -day-time, every house so licensed, within the County where such house or -place shall be so licensed, as often as they shall think fit. - -And be it further enacted, That the said Justices and Physicians, so -nominated, or such of them as shall visit any licensed house as -aforesaid, may, at every visitation, if they think necessary, make, or -cause to be made, minutes, in writing, of the state and condition of -every house which they shall visit, as to the care of the patients -therein, and all such other particulars as they shall think deserve -their notice, together with their observations thereupon; all which -minutes shall be entered, by way of report, in a Register to be kept for -that purpose, by the Clerk of the Peace for the County where such house -or houses shall be licensed as aforesaid, a copy whereof shall, from -time to time, be sent by the said Clerk of the Peace to the Secretary to -the said Commissioners, to be by him inserted in a separate Register; -which Register shall be kept in the same box, and in the same manner, as -the Register belonging to the said Commissioners is herein-before -directed to be kept; and the said Clerk of the Peace shall be paid such -sum and sums of money for his trouble in the execution of this Act as -the said Justices shall order and direct; and all money to be paid for -such Licenses as shall be granted by the said Justices of the Peace, as -aforesaid, shall be paid to the Clerk of the Peace, as aforesaid, who -shall keep an account thereof, in a book or books to be kept for that -purpose, and shall account for the same to the said Justices, as often -as he shall be required so to do; and all expenses attending the -execution of this Act, (except within the cities of _London_ and -_Westminster_, and within seven miles thereof, and also except within -the said County of _Middlesex_), shall be defrayed out of such money as -aforesaid, in such manner as the said Justices shall, from time to time, -within their respective Counties, order and direct. - -And be it further enacted, That at such General Quarter Session, when -such Justices and Physician shall be appointed as aforesaid, the Clerk -of the Peace shall take the like Oath as is appointed by this Act to be -taken by the Secretary of the Commissioners. - -And be it further enacted, That in case the keeper of any house or place -for the reception of lunaticks, not being within the said city of -_London_ or _Westminster_, or within seven miles of the same, or within -the said County of _Middlesex_, shall, in the day-time, refuse the said -Justices and Physician, on such visitation, admittance, at any time or -times, into such house or place as aforesaid, the master or keeper of -such house or place shall, for such offence, forfeit his License. - -And be it further enacted by the Authority aforesaid, That the keeper of -any house or place for the reception of lunaticks, not being within the -said city of _London_ or _Westminster_, or within seven miles of the -same, or within the said County of _Middlesex_, shall, and is hereby -required, to give such notice, as aforesaid, of the receipt of every -such lunatick (except such pauper lunaticks as shall happen to be sent -there by parish officers) to the Secretary to the Commissioners, at the -College of Physicians aforesaid, within the space of fourteen days from -the time of such lunatick’s being received into any such house or place; -and every keeper of any such licensed house or place, who shall admit, -harbour, entertain, or confine, any person as a lunatick, without having -an order in writing, under the hand and seal of some Physician, Surgeon, -or Apothecary, that such person is proper to be received into such house -or place as a lunatick, or shall receive any lunatick into any such -house or place, having such order, and shall not give notice thereof to -the Secretary of the said Commissioners, within the time, and in the -manner aforesaid, shall forfeit and pay the sum of One hundred pounds. - -And be it further enacted, That no such License shall be granted as -aforesaid, either by the said Commissioners or Justices of the Peace, as -aforesaid, unless upon granting such License, the person to whom such -License is granted shall enter into recognizance to the king’s Majesty, -his heirs and successors, in the sum of One hundred pounds, with two -sufficient securities, each in the sum of Fifty pounds, or one -sufficient security in the sum of One hundred pounds, under the usual -conditions, for the good behaviour of such person during the time for -which such License shall be granted. - -And be it further enacted by the Authority aforesaid, That the Lord High -Chancellor of _Great Britain_, or Lord Keeper, or the Commissioners for -the Custody of the Great Seal, or the Lord Chief Justice of the Court of -King’s Bench, or the Lord Chief Justice of the Court of Common Pleas, -for the time being, may, at any time or times, by any written order, -directed to the Commissioners appointed by this Act, or to the Justices -of the Peace and Physician, appointed Visitors, at any General Quarter -Session, require the said Commissioners, or any three or more of them, -or the said Visitors, or any two of them, to visit or inspect any house -or houses so licensed; and also to make a report to him or them, -touching such matters as they shall, in such orders, be directed to -inquire into, or as they shall think deserving his or their Lordships -notice; and the said Lord High Chancellor, or Lord Keeper, or -Commissioners for the Custody of the Great Seal, or Lord Chief Justice -of the Court of King’s Bench, or the Lord Chief Justice of the Court of -Common Pleas, may also, at any time or times, by a like order, send for, -and inspect the Register or Registers so to be kept as aforesaid; and -may summon and examine all or any of the persons concerned in the -execution of this Act, as often as shall be thought necessary and -proper; and in case they, or any of them, shall not obey all such orders -as aforesaid, within two days after the receipt of the same, and shall -not shew sufficient cause to the contrary, every person, so offending, -shall be deemed guilty of a contempt of the Court of Chancery, Court of -King’s Bench, or Court of Common Pleas, as the case may be. - -Provided always, and it is hereby declared, That nothing in this Act -contained shall extend, or be construed to extend, to any of the publick -hospitals within this kingdom. - -And whereas it is not intended by this Act to give the keepers of any -house or houses, so to be licensed as aforesaid, or any other person -concerned in confining any of his Majesty’s subjects therein, any new -justification from their being able to prove that the persons so -confined have been sent there by such direction and advice as are -required by this Act; be it therefore declared and enacted, That in all -proceedings that shall be had under His Majesty’s Writ of _Habeas -Corpus_, and in all indictments, informations, and actions, that shall -be preferred and brought against any person or persons, for confining or -ill-treating any of His Majesty’s subjects, in any of the said houses, -the parties complained of shall be obliged to justify their proceedings -according to the course of the common law, in the same manner as if this -Act had not been made. - -And be it further enacted by the Authority aforesaid, That all penalties -and forfeitures which shall be incurred within the said cities of -_London_ or _Westminster_, or within seven miles of the same, or within -the said County of _Middlesex_, for offences against this Act, shall and -may be sued for and recovered in any of the Courts of Record at -_Westminster_, by Action of Debt, Bill, Plaint, or Information, by the -President of the said College for the time being, in the name of the -Treasurer belonging to the said College, at any time within six calendar -months after the offence committed; and all such penalties and -forfeitures, when recovered, shall and are hereby directed to be paid to -the said Treasurer; and shall be applied (except such penalties and -forfeitures as are otherwise directed to be applied by this Act) in -manner following; (that is to say), one moiety of all such penalties and -forfeitures shall go to the informer, and the other moiety towards -defraying the expenses attending the execution of this Act: And all -penalties and forfeitures which shall be incurred for offences against -this Act, not within the said cities of _London_ or _Westminster_, or -within seven miles of the same, or within the said County of -_Middlesex_, shall and may be sued for and recovered by Action of Debt, -Bill, Plaint, or Information, by and in the name of the Clerk of the -Peace for the County where any such offence shall be committed; and all -such penalties and forfeitures, when recovered, shall be applied, one -moiety to the informer, and the other moiety for defraying the expenses -attending the execution of this Act, within such County. - -And be it further enacted, That if any Action or Suit shall be commenced -or brought against any person or persons, for any thing done in -pursuance of this Act, the same shall be commenced within six calendar -months next after the fact committed; and shall be laid or brought in -the county, city, or place, where the cause of Action shall have arisen, -and not elsewhere; and the defendant or defendants, in every such Action -or Suit, shall and may, at his election, plead specially, or the general -issue, Not Guilty; and give this Act, and the special matter, in -evidence, at any trial to be had thereupon, and that the same was done -in pursuance and by the authority of this Act: And if the same shall -appear to be so done, or that such Action or Suit shall be brought in -any other county, city, or place, or shall not have been commenced -within the time before limited for bringing the same; that then the jury -shall find a verdict for the defendant or defendants; and, upon a -verdict being so found, or if the plaintiff or plaintiffs shall be -nonsuited, or discontinue his, her, or their Action or Suit, after the -defendant or defendants shall have appeared; or if, upon demurrer, -judgment shall be given against the plaintiff or plaintiffs, then the -defendant or defendants shall recover treble costs, and have such remedy -for recovering the same as any defendant or defendants hath or have in -any other cases by law. - -And be it further enacted, That this Act shall be deemed and taken to be -a Public Act; and be judicially taken notice of as such, by all Judges, -Justices, and other persons whomsoever, without specially pleading the -same. - -And be it further enacted by the Authority aforesaid, That this Act -shall continue in force for the term of Five Years, and from thence to -the end of the then next Session of Parliament. - - - REPORT. - -The Select Committee appointed to consider the validity of the doctrine -of Contagion in the Plague; and to report their observations thereupon, - together with the Minutes of the Evidence taken before the House: Have - considered the matters to them preferred, and have agreed upon the - following Report. - -Your Committee being appointed to consider the validity of the received -doctrines concerning the nature of contagious and infectious diseases, -as distinguished from other epidemics, have proceeded to examine a -number of medical gentlemen, whose practical experience or general -knowledge of the subject appeared to your Committee most likely to -furnish the means of acquiring the most satisfactory information. They -have also had the evidence of a number of persons whose residence in -infected countries, or whose commercial or official employments enabled -them to communicate information as to facts, and on the principle and -efficacy of the laws of Quarantine; all the opinions of the medical men -whom your Committee have examined, with the exception of two, are in -favour of the received doctrine, that the Plague is a disease -communicable by contact only, and different in that respect from -Epidemic fever; nor do your Committee see any thing in the rest of the -evidence they have collected, which would induce them to dissent from -that opinion. It appears from some of the evidence, that the extension -and virulence of the disorder is considerably modified by atmospheric -influence; and a doubt has prevailed whether under any circumstance, the -disease could be received and propagated in the climate of Great -Britain. No fact whatever has been stated to show, that any instance of -the disorder has occurred, or that it has ever been known to have been -brought into the Lazarettos for many years: but your Committee do not -think themselves warranted to infer from thence, that the disease cannot -exist in England; because in the first place, a disease resembling, in -most respects, the Plague, is well known to have prevailed here in many -periods of our history, particularly in 1665-6: and further, it appears -that in many places, and in climates of various nature, the Plague has -prevailed after intervals of very considerable duration. - -Your Committee would also observe, down to the year 1800, Regulations -were adopted, which must have had the effect of preventing goods -infected with the Plague from being shipped directly for Britain; and -they abstain from giving any opinion on the nature and application of -the Quarantine regulations, as not falling within the scope of enquiry -to which they have been directed; but they see no reason to question the -validity of the principles upon which such regulations appear to have -been adopted. - -_14th June, 1819._ - - - Chorley, M. D. _v._ Bolcot, executor. - - (From 4 T. R. p. 317.) - -The plaintiff, who was a physician living at _Doncaster_, brought this -action for fees, for attending a considerable time on the defendant’s -testator, who lived at some little distance from the town; and the -evidence was, that at _Doncaster_ and its neighbourhood there was no -certain rule about fees, but the general practice was for a physician to -receive two guineas a week for his attendance. The plaintiff obtained a -verdict at the last assizes at _York_; to set aside which _Wood_ -obtained a rule _nisi_ last term, on the ground that no action lay for a -physician’s fees any more than for a barristers. - -_Cockell_, Serj. and _Chambre_, now shewed cause; observing that though -this point had been ruled several times at _nisi prius_ against such a -claim, yet it had never been solemnly decided, nor was there any -authority in the books for putting the claim of a physician’s fees upon -the same footing as those of a barrister. In the latter case it might -originally have been proper that no temptation should be held out to -countenance injustice: but in the former it would be equally impolitic -that those who are frequently put to expense in attending patients at a -distance, and who are liable to make reparation to those who may suffer -by their want of skill, should not be certain of a just and honourable -reward. The regulation with regard to barristers is founded on grounds -of public policy, as appears by the passage in _Tacitus_, to which Mr. -J. _Blackstone_ refers; but they are totally inapplicable to the case of -physicians. And in that very passage in _Tacitus_ it is taken for -granted that the latter were entitled to a remuneration, because their -situation was dissimilar to that of advocates. Besides in this case -there is an additional reason why the plaintiff should recover, as there -is understood to be a general stipulated acknowledgment for a -physician’s attendance at the place where this transaction arose. - -Lord KENYON, Ch. J. I remember a learned controversy some years ago as -to what description of persons were intended by the _Medici_ at _Rome_; -and it seemed to have been clearly established by Dr. _Mead_, that by -those were not meant physicians, but an inferior degree amongst the -professors of that art, such as answer rather the description of -surgeons amongst us. But at all events it has been understood in this -country that the fees of a physician are honorary, and not demandable of -right. And it is much more for the credit and rank of that honorable -body, and perhaps for their benefit also, that they should be so -considered. It never was yet heard of that it was necessary to take a -receipt upon such an occasion. And I much doubt whether they themselves -would not altogether disclaim such a right as would place them upon a -less respectable footing in society than that which they at present -hold. - -_Per Curiam._ - - Rule absolute. - - ------- - - - Lipscombe _v._ Holmes, esq. - - (From Campbell.) - -This was an action for work and labour as a surgeon, and for curing the -defendant and several persons of his family, of divers diseases and -maladies, under which they had respectively laboured and languished. The -defendant pleaded the general issue, and paid 3_l_ 13_s_ 6_d_ into -court. - -The first defence set up was, that the plaintiff was a physician, and -therefore could not maintain an action for his fees. It appeared that he -wrote prescriptions, was called “_Doctor_,” and signed himself M. D. - -_Park_ said he should shew, that at the time when the visits were paid, -for which the action was brought, the plaintiff was only a surgeon; and -that he had not taken out his diploma as a physician till long after. - -Lord _Ellenborough_.—If a person passes himself off as a physician, he -must take the character _cum onere_. When he brings an action for visits -paid by him as a physician, I will give him credit for being so, and -tell him he must trust to the honour of his patients. Whether the -plaintiff had or had not a diploma when he attended the defendant, is -immaterial. Whatever he was, if he at that time wrote prescriptions and -added M. D. to his name, he must be nonsuited. - -_Park_ then produced the rule for paying money into court, which his -lordship thought removed the objection, and admitted the plaintiff’s -right to sue as a surgeon. - -It was afterwards agreed to withdraw a juror. - - ------- - - - Slater _v._ Baker and Stapleton, C. B. - - (From 2 Wils. R. 359.) - -Special action upon the case, wherein the plaintiff declares that the -defendant _Baker_ being a surgeon, and _Stapleton_ an apothecary, he -employed them to cure his leg which had been broken and set, and the -callous of the fracture formed; that in consideration of being paid for -their skill and labour, &c. they undertook and promised, &c. but the -defendants not regarding their promise and undertaking, and the duty of -their business and employment, so ignorantly and unskilfully treated the -plaintiff, that they ignorantly and unskilfully broke and disunited the -callous of the plaintiff’s leg after it was set, and the callous formed, -whereby he is damaged. The defendants pleaded not guilty, whereupon -issue was joined, which was tried before the Lord Chief Justice -_Wilmot_, and a verdict found for the plaintiff, damages £500. The -substance of the evidence for the plaintiff at the trial was, first a -surgeon was called, who swore that the plaintiff having broken both the -bones of one of his legs, this witness set the same, that the plaintiff -was under his hands nine weeks, that in a month’s time after the leg was -set, he found the leg was healing and in a good way; the callous was -formed, there was a little protuberance, but not more than usual; upon -cross examination he said he was instructed in surgery by his father, -that the callous was the uniting the bones, and that it was very -dangerous to break or disunite the callous after it was formed. - -_John Latham_ an apothecary swore he attended the plaintiff nine weeks, -who was then well enough to go home, that the bones were well united, -that he was present with the plaintiff and defendants, and at first the -defendants said the plaintiff had fallen into good hands; the second -time he saw them all together the defendants said the same, but when he -saw them together a third time there was some alteration, he said the -plaintiff was then in a passion, and was unwilling to let the defendants -do any thing to his leg; he said he had known such a thing done as -disuniting the callous, but that had been only when a leg was set very -crooked; but not where it was straight. - -A woman called as a witness, swore that when the plaintiff came home he -could walk with crutches, that the defendant _Baker_ put on to the -plaintiff’s leg an heavy steel thing that had teeth, and would stretch -or lengthen the leg, that the defendants broke the leg again, and three -or four months afterwards the plaintiff was still very ill and bad of -it. - -The daughter of the plaintiff swore, that the defendant _Stapleton_ was -first sent for to take off the bandage from the plaintiff’s leg; when he -came he declined to do it himself, and desired the other defendant -_Baker_ might be called in to assist; when _Baker_ came he sent for the -machine that was mentioned; plaintiff offered to give _Baker_ a guinea, -but _Stapleton_ advised him not to take it then, but said they might be -paid all together when the business was done; that the third time the -defendants came to the plaintiff, _Baker_ took up the plaintiff’s foot -in both his hands and nodded to _Stapleton_, and then _Stapleton_ took -the plaintiff’s leg upon his knee, and the leg gave a crack when the -plaintiff cried out to them and said, “you have broke what nature had -formed;” _Baker_ then said to the plaintiff _You must go through the -operation of extension_, and _Stapleton_ said we have consulted and done -for the best. - -Another surgeon was called and swore, that in cases of crooked legs -after they have been set, the way of making them straight is by -compression and not by extension, and said he had not the least idea of -the instrument spoken of for extension; he gave _Baker_ a good -character, as having been the first surgeon of _St. Bartholomew’s_ -hospital for twenty years, and said he had never known a case where the -callous had deossified. - -Another surgeon was called who swore, that when the callous is formed to -any degree, it is difficult to break it, and the callous in this case -must have been formed, or it would not have given a crack, and said -extension was improper, and if the patient himself had asked him to do -it, he would have declined it, and if the callous had not been hard he -would not have done it without the consent of the plaintiff, that -compression was the proper way, and the instrument improper; he said the -defendant _Baker_ was eminent in his profession. Another surgeon was -called who swore, that if the plaintiff was capable of bearing his foot -upon the ground, he would not have disunited the callous if he had been -desired by him, but in no case whatever without consent of the patient; -if the callous was loose it was proper to make the extension to bring -the leg into a right line. A servant of the plaintiff swore the -plaintiff had put his foot upon the ground three or four weeks before -this was done. - -The counsel for the defendants at the trial, for _Baker_, relied upon -the good character which was given him, and objected there was no -evidence to affect the other defendant _Stapleton_ the apothecary; but -the Lord Chief Justice thought there was such evidence against both the -defendants as ought to be left to the jury, as the nodding, the advising -_Baker_ not to take the guinea offered to him by the plaintiff, besides -the apothecary first proposed sending for _Baker_; the plaintiff was in -no pain before they extended his leg, and he only sent to _Stapleton_ to -have the bandage taken off: the Lord Chief Justice asked the Jury -whether they intended to find the damages against both the defendants, -and they found £500 against them jointly, and he said he was well -satisfied with the verdict. - -It was now moved that the verdict ought to be set aside because the -action is upon a joint contract, and there is no evidence of a joint -undertaking by both defendants; the plaintiff sends for _Stapleton_ to -take off the bandage who declines doing it, and says, I do not -understand this matter, you must send for a surgeon; accordingly _Mr. -Baker_ is sent for, who enters upon the business as a surgeon -unconnected with _Stapleton_, who, it does not appear, ever undertook -for any skill about the leg, so the jury have found him guilty without -any evidence. That _Baker_ has been above twenty years the first surgeon -in _St. Bartholomew’s_ hospital, reads lectures in surgery and anatomy, -and is celebrated for his knowledge in his profession as well as his -humanity; and to charge such a man with ignorance and unskilfulness upon -the records of this court is most dreadful; all the witnesses agreed Mr. -_Baker_ doth not want knowledge, therefore this verdict ought not to -stand. 2dly, It was objected that the evidence given does not apply to -this action, which is upon a joint contract; the evidence is that the -callous of the leg was broke without the plaintiff’s consent; but there -is no evidence of ignorance or want of skill, and therefore the action -ought to have been trespass _vi & armis_ for breaking the plaintiff’s -leg without his consent; all the surgeons said they never do any thing -of this kind without consent, and if the plaintiff should not be content -with the present damages, but bring another action of trespass _vi & -armis_, could this verdict be pleaded in bar? the court without hearing -the counsel for the plaintiff gave judgment for him. - -_Curia_: 1st, It is objected that this is laid to be a joint -undertaking, and therefore it ought to be proved, and we are of opinion -that it ought; the question therefore is, whether there is any evidence -of a joint undertaking; we are of opinion there is; Mr. _Stapleton_ -declines acting alone, but in concurrence with Mr. _Baker_ attends the -plaintiff every time any thing is done, and assists jointly with Mr. -_Baker_; this appears in evidence, and is sufficient, for there is no -occasion to prove an express joint contract, promise or undertaking; -when an offer is made to _Baker_ of a guinea, _Stapleton_ says, you had -better be paid all at last; they both attended plaintiff together every -time, and _Stapleton_ said, we have consulted and done for the best; -when the plaintiff complained of what they had done, _Stapleton_ -considered himself as one of the persons to join in the cure of the leg, -for he put his hand on the knee when _Baker_ nodded, and then the bone -cracked; he is the original person aiding in this matter, and there is -no ground for this objection. When we consider the good character of -_Baker_, we cannot well conceive why he acted in the manner he did; but -many men very skilful in their profession have frequently acted out of -the common way for the sake of trying experiments; several of the -witnesses proved that the callous was formed, and that it was proper to -remove the plaintiff home; that he was free from pain and able to walk -with crutches; we cannot conceive what the nature of the instrument made -use of is; why did _Baker_ put it on when he said that plaintiff had -fallen into good hands, and when plaintiff only sent for him to take off -the bandage, it seems as if Mr. _Baker_ wanted to try an expedient with -this new instrument. - -_2dly_, It is objected that this is not the proper action, and that it -ought to have been trespass _vi & armis_; in answer to this, it appears -from the evidence of the surgeons that it was improper to disunite the -callous without consent; this is the usage and law of surgeons; then it -was ignorance and unskilfulness in that very particular, to do contrary -to the rule of the profession, what no surgeon ought to have done; and -indeed it is reasonable that a patient should be told what is about to -be done to him, that he may take courage and put himself in such a -situation as to enable him to undergo the operation; it was objected -this verdict and recovery cannot be pleaded in bar to an action of -trespass _vi & armis_ to be brought for the same damage; but we are -clear of opinion it may be pleaded in bar. That the plaintiff ought to -receive a satisfaction for the injury, seems to be admitted; but then it -is said the defendants ought to have been charged as trespassers _vi & -armis_; the court will not look with eagle’s eyes to see whether the -evidence applies exactly or not to the case, when they can see the -plaintiff has obtained a verdict for such damages as he deserves, they -will establish such verdict if it be possible. For any thing that -appears to the court this was the first experiment made with this new -instrument, and if it was, it was a rash action, and he who acts rashly -acts ignorantly; and although the defendants in general may be as -skilful in their respective professions as any two gentlemen in -_England_, yet the court cannot help saying that in this particular case -they have acted ignorantly and unskilfully, contrary to the known rule -and usage of surgeons. - -Judgment for the plaintiff _per totam curiam_. - - ------- - - - Seare _against_ Prentice. - - _From 8 East._ - -This was an action on the case brought by the plaintiff, a shoemaker, -against the defendant, whom he employed as a surgeon, for negligently, -ignorantly, and unskilfully reducing a dislocated elbow and fractured -arm of the plaintiff, of which he had undertaken the cure. The cause was -tried before _Heath_ J. at the last assizes at _Hertford_; and a verdict -having been given for the defendant under the direction of the learned -Judge; that direction was now impeached, and a rule _nisi_ for setting -aside the verdict and granting a new trial was moved for by _Gurney_, -upon the ground that there was evidence laid before the jury of the -_unskilful_ treatment of the plaintiff by the defendant; but that they -were told by the learned Judge, that unless _negligence_ were proved, -they could not examine into the _want of skill_: and the evidence, he -now admitted, did not substantiate the charge of _negligence_, though it -proved the want of skill. And he referred to _Slater_ v. _Baker_[178], -to shew that an action lay against a surgeon for ignorance and -unskilfulness in his profession: and to _Bull, N. P. 73._ where the -general rule is laid down, that in all cases where a damage accrues to -another by the negligence, ignorance, or misbehaviour of a person in the -duty of his trade or calling, an action on the case will lie: as if a -farrier kill my horse by bad medicines, or refuse to shoe, or prick him -in the shoeing. - -The Court granted a rule _nisi_. And now, upon the Judge’s Report being -read, the case appeared to be this: - -The plaintiff’s brother-in-law proved, on his behalf, that on the 2d of -_April_ 1805, the defendant attended the plaintiff, who had fallen from -a horse, and told the defendant that his arm was broken: the defendant -said that he thought the arm, which was swollen, was not broken, and -applied vinegar to it, and bound it with tape. That the plaintiff was -under the defendant’s care for ten weeks without being cured: he could -not bend his arm or work at his trade. That he then applied to Mr. -_Kingston_, another surgeon, and after some time could work, and put his -arm to his head. On cross-examination the same witness proved that the -defendant was first sent for at night, and came directly; that he -regularly attended the plaintiff every day but one till the latter -applied to Mr. _Pidcock_, another surgeon, who, about nine or ten days -after the accident, attended and assisted with the defendant in setting -the elbow. Mr. _Kingston_, the surgeon, then proved that in _July_ 1805 -the plaintiff was brought to him a cripple in his arm, one bone of which -was broken obliquely below the elbow. That the plaintiff’s arm was -almost straight; he could not turn his wrist, and had no motion in his -elbow. That the witness broke the callous and set it again, and made -(what the witness himself described as) a very fine cure, which was -spoken of about the country. He imputed the failure of the defendant in -his attempt to cure the plaintiff to _negligence and carelessness_: an -apprentice boy (he said) might have known better: that the bone might -have been set within five hours after the accident; though he admitted -that the swelling, if much, must first be reduced, which might take a -fortnight. And he recommended the plaintiff to bring an action. He also -spoke to a conversation with the defendant, who considered it as a very -difficult dislocation to reduce; and said that he would make a -compensation to the plaintiff. The learned Judge told the jury that the -gist of the action was negligence; of which direct evidence might be -given; or it might be inferred by the jury, if the defendant had -proceeded without any regard to the common ordinary rules of his -profession, _That unskilfulness alone, without negligence, would not -maintain the action_. And that he was at a loss to state to the jury -what degree of skill ought to be required of a village surgeon. But -that, whether or not his direction were accurate in this respect, at any -rate the witness _Kingston_ imputed only _negligence_ and _carelessness_ -to the defendant and _Pidcock_, in not discovering the fracture of the -bone of the arm when they reduced the dislocated elbow; which there was -no doubt was properly reduced: and that considering all the -circumstances of the case, he did not think that such gross negligence -was imputable to the defendant as to make him liable in damages to the -plaintiff. The report concluded by stating that the jury found a verdict -for the defendant, much to the Judge’s satisfaction; who intimated that -the vaunting language of the witness _Kingston_ must have diminished his -credit with the jury. - -_Shepherd_ Serjt. and _Espinasse_ were now to have shewn cause: but -though all the Court seemed to be satisfied, as well now as when the -rule was moved for, that the action well lay for unskilfulness in the -profession of a surgeon; yet upon a revision of the evidence as -reported, they asked of the plaintiff’s counsel what evidence there was -of _want of skill_ in the defendant; _Kingston_, the surgeon, only -imputing to him _negligence_ and _carelessness_; which the learned Judge -had stated to be a ground of action, and had left to the jury for their -consideration; but which the jury had negatived; as indeed the evidence -well warranted them in doing. - -_Gurney_, in support of the rule, said, that it was to be collected from -the whole of _Kingston’s_ evidence that he imputed want of skill to the -defendant; and that was shewn by the expression used by him, that an -apprentice boy might have known better. That so much skill at least was -required of a surgeon as to be able to tell whether or not an arm was -broken, or an elbow dislocated. But it was enough that the question of -want of skill was wholly withdrawn from the consideration of the jury. - -Lord _Ellenborough_ C. J. The surgeon who was examined specifically -imputed the failure of the cure to _negligence_ and _carelessness_, -whatever other expression he may have used in the manner of giving his -evidence, upon which the learned Judge has commented. Therefore, however -we may differ from the learned Judge, as I certainly do, in thinking -that an ordinary degree of skill is necessary for a surgeon who -undertakes to perform surgical operations; which is proved by the case -in _Wilson_, and indeed by all analogous authorities; in the same manner -as it is necessary for every other man to have it in the course of his -employment; as the farrier who undertakes to cure any horse must have -common skill at least in his business, and that is implied in his -undertaking: and although I am ready to admit that a surgeon would be -liable for _crassa ignorantia_, and would be justly responsible in -damages for having rashly adventured upon the exercise of a profession, -without the ordinary qualification of skill, to the injury of a patient: -yet the question did not arise upon the evidence in this case; for no -want of skill was imputed to the defendant: and therefore the opinion of -the learned Judge upon that point does not affect the merits of the -verdict upon the evidence in the cause. - -The other Judges concurred; and _Grose_ J. referred to 3 _Blac. Com._ -(_ch._ 9. _p._ 163, 4.) as confirming the general doctrine. - - Rule discharged. - - - - - APPENDIX. - - PART II. - - - - - _Mich. Term. 1821, C. B._ - - Severn _v._ Olive. - - -Mr. Serjeant _Lens_ appeared to show cause against a rule obtained in -this case. The case arose out of the well-known one of Messrs. _Severn_, -_King_, and Co., sugar-refiners, against some of the Insurance -Companies, for losses sustained in the destruction of their extensive -premises, near Whitechapel. It will be recollected, that in the two -trials which arose out of that event, a great number of scientific men -were examined on both sides as to the result of experiments made by them -in the process of boiling sugar by means of heated oil. The verdict in -both cases, as is known, was for the plaintiffs. In the bill of costs, -sent in to the defendants, charge was made for the attendance of the -learned chymists, who gave evidence for the plaintiffs, and also for -their loss of time and trouble in making those experiments. Other -charges were made for the expense of the experiments themselves. The -prothonotary who taxed the costs allowed both the charges in principle, -though not to the extent set down in the bill. It was in consequence of -having made those allowances that a rule had been granted to show cause -why he should not review his taxation of costs. - -Mr. Sergeant _Lens_, in showing cause against the rule, contended that -the allowance for loss of time to Dr. _Thomson_ was a very natural and -just one. Dr. _Thomson_ was Professor of Chymistry in the University of -_Glasgow_, and had been obliged to come up to _London_ three times, at -considerable inconvenience and expense, to give evidence in the case. He -had been at great trouble in making and superintending experiments, and -the prothonotary, in taking the costs, had allowed a reasonable sum for -the whole. It was the same in the cases of the other scientific -gentlemen who attended. - -The Prothonotary here observed, that he considered the allowance for -expenses and loss of time of Dr. _Thomson_ and other gentlemen as very -just. It was usual to allow for loss of time in such cases. - -The CHIEF JUSTICE said, that in certain cases allowances were made for -loss of time, and the question here was, how far the present case came -within the rules of those allowances. As a general principle, allowances -to witnesses for loss of time could not be maintained. No doubt it was a -great inconvenience, that individuals whose business required their -whole time should be obliged to devote part of that time to the concerns -of others without reward; but it was an inconvenience to which all were -equally subject in turn; and as it was to answer the ends of public -justice, it ought to be borne. As to allowance for loss of time, he -considered the thing decided by the case of _Willis_ v. _Peckkan_ (4th -_Moore_). An action had been brought in that case to recover 3_l._ for -loss of time whilst giving evidence in a case. It was contended for the -defendants that no such action could be maintained, except by medical -men and attornies. The court was of the same opinion; but the jury, -nevertheless, found a verdict for the plaintiff. In the following term a -motion was made to have the verdict set aside and a nonsuit entered. The -court, after hearing the arguments on both sides, decided that a nonsuit -must be entered; and further held, that only medical men and attornies -could charge for loss of time, as witnesses. The matter was settled, -before, in the Court of King’s Bench, in the case of “_Moore_ v. -_Adam_.” The court were therefore of opinion, that as far as this -allowance for loss of time, the taxation should be reviewed. - -Mr. Sergeant _Lens_ then proceeded to other parts of the rule, and -contended that the apportioning of the costs between the Phœnix and -Imperial Insurance was the fairest mode which could be adopted, as each -had two actions, though they were not all tried, and the evidence in -each was the same. - -The _Chief Justice_ asked how much the expense of the experiments made -amounted to. - -The Prothonotary said that all the items were so mixed up, that it would -be impossible to ascertain at that moment. - -The _Chief Justice_—It is important that the charge for experiments -should be known. The opinion of men of science is received as evidence, -because it arises from pre-existing science; but surely, as in the -present case, they ought not to acquire their knowledge at the expense -of the parties against whom their evidence is to weigh. - -Mr. Sergeant _Vaughan_, on the same side with Sergeant _Lens_, submitted -that it could never have been intended that men should not be allowed -some recompense for loss of time. It would be not only an injustice, but -a cruelty in many cases, if such a principle were to be adopted. Indeed, -the principle was constantly departed from, in cases where the time of -individuals had been a good deal engaged. In the case of _Lopez_ v. _De -Tastet_, the evidence of a Spanish captain of a ship was taken, and it -caused him to delay a considerable time in town, and in the taxing of -the costs a round sum was very properly allowed by the prothonotary, -which, no doubt, was meant not merely to cover his expenses in town, but -to compensate him for the loss of time. - -The _Chief Justice_.—We had a consultation, not long since, in a -well-known case, and in another place, whether the profits of a voyage -should not be allowed for, and as to whether a certain sum given to a -captain of a ship should be looked upon as compensation for loss of -time, or in the light of a bribe. - -Mr. Sergeant _Vaughan_ said he knew the case to which his lordship -alluded. He went on to say, that the prothonotary had not made any -specific allowance for loss of time as such, but had mentioned one sum -for trouble, expense, and loss of time. As to the costs of the -experiments which had been made, he submitted that in a case where the -subject was quite new, and as they were not made wantonly or with a view -to put a party to unnecessary expense, the costs of them ought to be -allowed. They were made _bona fide_ for this case; the materials and -apparatus were also provided with reference to the present case alone. -Under such circumstances, he submitted that they ought to be allowed; -and he ought to add, that their affidavits set forth, that the -experiments were made in consequence of its being known that similar -experiments were made on the other side. - -Mr. Sergeant _Taddy_ followed on the same side, and observed, that while -he admitted the general principle that expenses were not allowed for -loss of time, except to physicians and attornies, he could not see why -scientific men, such as chymists, should not be brought under the same -rule as physicians. - -The _Chief Justice_.—For this reason, that to a physician loss of time -is considered as loss of profit. A physician cannot visit a patient by -deputy, as the patient might not have the same confidence in that person -as in that physician, and this I take to be the reason why the loss of -time is allowed. For reasons similar in principle the loss is also -compensated in the attorney. - -Mr. Justice _Park_.—Suppose a clergyman, living in Cumberland, were -summoned to give evidence in a case in London, and that being delayed -here for two or three weeks, he was obliged to employ a curate to -officiate in his absence, have you any case where that expense would be -allowed? - -The Prothonotary.—Invariably the expenses would be allowed, my Lord. - -Mr. Justice _Park_.—I am glad to know it, for I was not aware how the -case was. - -Mr. Sergeant _Taddy_ then proceeded to contend, that with respect to the -cost of the experiments, as they were not made for the purposes of -general science, but had reference to this case alone, they ought to be -allowed. Indeed, they were made by a sort of compact with the other -side. They (the defendants) themselves seemed anxious that such -experiments should be made. They declared that they would make them, and -they invited the plaintiffs to make them also. - -The _Chief Justice_.—How much was the amount of the property insured? - -Mr. Sergeant _Lens_ replied that it was upwards of 70,000l. - -The _Chief Justice_.—I think (whether the cost of experiments be allowed -or not) it was right, in a case of such importance, that they should -have been made; but I wish it could be shewn to me whether there was any -compact between the parties for making them. - -Mr. Sergeant _Hullock_, who appeared for the defendants, here observed -that he knew of no compact of that nature. - -Mr. Sergeant _Taddy_.—I do not say, my lords, that there was a positive -compact; but I remember that, when the motion for a new trial was argued -before your lordships, one of the arguments used in support of the -motion by the defendants’ counsel was, that a sufficient number of -experiments had not then been made. Surely, then, it will not be -contended that there was not an inducement to the plaintiffs to make -those additional experiments for which they now claim to be allowed. - -Mr. Justice _Burrough_.—There was no contract. - -Mr. Sergeant _Taddy_.—None, my lord; but they challenged us to make the -experiments. We have done so; and I submit to your lordships that the -verdict being for us, we ought to charge them with the full costs. - -Mr. Sergeant _Hullock_, in support of the rule, contended that the case -of _Lopez_ and _de Tastet_, which had been quoted by his learned brother -(_Vaughan_), was not in point, nor did it bear the interpretation which -had been given to it. As to physicians, he had some doubt whether in -strict law even they ought to be allowed for loss of time as such, for -how was the rule of expenses to be settled? One physician whose practice -was extensive, might charge fifty guineas a day, while another might be -satisfied to go to Guildhall for five; so that there could be no settled -rule. He thought also, though he did not at all mean it invidiously, -that the plaintiffs need not have sent to the great distance they had -done for witnesses, while they could have got others of equal skill -nearer home. If the principle were to be admitted, a man might send to -_Calcutta_ for witnesses for scientific purposes, and charge the -expenses of the voyage here and back. At the same time he did not mean -to object to Dr. _Thomson_, who he had no doubt was an extremely clever -man. The learned Sergeant then went through various items in the bill, -several of which, he contended, his clients ought not to be called upon -to pay. There was one item of 205_l._ for a model of the premises. Why, -if, as had been suggested, they had built a model of exactly the same -size as the original, they might as well charge the price of it, as -250l. for a model. There was another item of 213l. for loss of time, -trouble, and expenses, in making experiments, to S. Parkes, esq. Of this -the prothonotary had deducted 99l., but then it was not stated what sum -was for loss of time, what for the trouble, and what for the expenses. -It was the same with the charges to several other gentlemen. Now he -objected to any thing being allowed for loss of time, and in that case -he was satisfied the case ought to be reviewed. With respect to the -costs of the experiments, he apprehended that the best answer had been -given by the court. In no case that he heard of before this were they -charged. - -The _Chief Justice_ asked what was the rule in patent cases. - -The Prothonotary said that in all such cases a reasonable sum was -allowed. - -Mr. Sergeant _Hullock_ proceeded. There was another ground on which he -thought the experiments ought not to be charged. Either there had been -several experiments made before the new method was adopted, or there had -not. If there had, no additional experiments were necessary on the late -trials. If there had not, the plaintiffs had rashly made the risk, and -ought not to recover now. - -The _Chief Justice_.—You forgot, brother _Hullock_, that this was a -patent. - -Mr. Sergeant _Hullock_.—That, my lord, strengthens my argument, for in -that case it must have been so well known, as not to need any additional -experiments. The learned Sergeant was proceeding to contend that the -division of the costs equally between the two insurance companies was -not the most proper one; but the court thought that such an arrangement -would best meet the justice of the case. There were two insurance -companies in the case, in each of which two policies had been effected, -and two actions commenced; and though all the actions were not tried, -yet as the same evidence went to all, it was but just that each office -should bear a moiety of the costs. - -The arguments being closed on both sides, the _Chief Justice_ asked -whether physicians were allowed for loss of time as witnesses? - -The Prothonotary replied, that they were always allowed. - -The Court then wished to be informed, whether there was a particular -scale of allowance, for it was not to be supposed that such an eminent -physician as Dr. _Baillie_ would be allowed according to the extent of -his practice. - -The prothonotary said certainly not. There was an average allowance, and -by that the most eminent physician received only the same sum as the -physician who had got his diploma but the day before. - -The _Chief Justice_.—What sum would you allow? - -The Prothonotary.—My lord, since the allowance has been raised to -barristers, we have raised physicians to the same rank, and they are -allowed the same—two guineas per day. - -The _Chief Justice_.—But do barristers take the allowance? - -The Prothonotary.—In some cases, my lord, it is allowed. - -The _Chief Justice_ (after consulting for a short time with the other -Judges) said we shall not say any thing more upon this, than that it -must be referred back to the master to revise the costs, and that the -experiments are not to be allowed: nor is allowance to be made for loss -of time as such; but let it be understood that physicians are to be -allowed as usual. - -The Prothonotary begged to know how he was to reckon physicians, was it -by diploma? - -The Court said by practice. It was not to be expected that a physician -was to take his diploma about in his pocket. - -The Prothonotary again begged to trouble their lordships. There was -another class of persons who were frequently allowed much more than any -professional men—he meant surveyors. Sometimes very high charges were -made for them. For instance, the late Mr. _Rennie_, who was summoned as -a witness in the present case: his time was of the utmost value, as was -that of others of eminence in that branch of science. He wished to know -how they were to be allowed. - -The _Chief Justice_.—We can know no distinction here. The time of such -gentlemen as the late Mr. Rennie must no doubt be extremely valuable to -them, but that of a poor man is equally valuable to him, and perhaps -more so; for though the amount might not be as great, yet the support of -his family might be depending on it. - -Rule made absolute; and it was further ordered, that a moiety of the -taxed costs should be paid by each of the Insurance Offices in question. - -There was another case of “_Severn_ v. _Slade_,” turning exactly on the -same point, which was not argued, as of course the same decision will -apply to it. - - - - - Two Notes on the Legal Time for Human Birth. - - (From Hargrave’s Jurisconsult Exercitations) - - -[Lord Coke, in his Commentary upon Littleton, fol. 8. a. considers, who -may inherit lands or tenements; and about the close of his remarks on -that head, introduces the case of a woman brought to bed of a child, so -as to raise a question whether the child was by her deceased first -husband or by her second husband. His words are, “If a man hath a wife -and dieth; and within a very short time after the wife marries again, -and within nine months hath a child, so that it may be the child of the -one or the other, some have said that in this case the child may choose -his father, _quia in hoc casu filiatio non potest probari_; and so is -the book to be intended: for avoiding of which question and other -inconveniencies, this was the law before the conquest, _sit omnis vidua -sine marito duodecim mensibus, et si maritaverit perdat dotem_.” In the -margin also of the same book, he thus refers to authorities, “21 E. 8. -39 Pancirollus Nova Rep. 485, &c. Opus eximium, 48. b. Lambard de -priscis Anglorum Legibus, 120. 72, &c.” and as to the year-book of E. 3. -so cited, it shews, that the doctrine, of allowing the infant to choose -which of the two husbands should be his father in the case so put, was -attributed to Sir William de Bereford, who was made chief justice of the -common pleas early in 2 E. 2. - -So far Lord Coke only puts a special case barely involving a -consideration of the legal time for a woman’s going with child. - -But in a subsequent part of his commentary, Lord Coke brings forward an -adjudged case of 18 E. 1. which materially involved considering what was -the limit to the time for a woman’s parturition, and for which he refers -to _Trin._ 18 _E._ 1. _Rot._ 61. _Bedford coram rege_; and so Lord Coke -was led to giving his own idea of the latest legitimate time _pariendi_ -for women. The passages here meant to be adverted to are in Co. Litt. -123. b. and are in these words. “It was found by verdict, that Henry the -son of Beatrice, which was the wife of Robert Radwell deceased, was born -_per undecim dies post ultimum tempus legitimum mulieribus constitutum_. -And therefore it was adjudged, _quòd dictus Henricus dici non debet -filius prædicti Roberti secundùm legem et consuetudinem Angliæ -constitutus_. Now _legitimum tempus_ in that case appointed by law at -the furthest is nine months or forty weeks: but she may be delivered -before that time. Which judgment I thought good to mention. And this -agreeth with that in Esdras: _Vade et interroga prægnantem si quando -impleverit novem menses suos, adhuc poterit matrix ejus retinere partum -in semetipsâ? et dixi non potest, Domine_.” In the margin of the last -passage of this extract from Co. Litt. 123. b. there is a reference to 4 -Esdras 4. 41. and Panciroll. Nova Reporta, pag. 485, &c. - -These two extracts from Co. Litt. 8. a. and 123. b. are here given as an -introduction to the following article, which consists of two notes by -the author in the first part of the 13th edition of the Coke upon -Littleton, being the author’s part of that edition, and the first -attempt at editing that ever to be valued work with notes.—Both the -notes are on the second of the two preceding extracts from the Coke upon -Littleton.—The first of the two notes chiefly relates, to the special -case of a widow’s marrying a second husband, and being delivered of a -child so soon after the death of her first husband, as to raise a doubt, -which of the two husbands should be considered as the father: and so far -such note applies as well to the case so put in Co. Litt. 8. a. from the -year-book of 21 E. 3. 39. as to the case in 18 E. 1. so stated in Co. -Litt. 123. b. from the king’s bench record of that year.—The second of -the two notes relates to the general point as to the ultimate legitimate -time for a woman’s parturition. - -Further as to the following article, it is proper to apprize the reader, -that, exclusively of what is now added by note at the bottom of the -page, it was first published about 30 years ago.] - - ------- - - - TWO NOTES, &c. - - - I. _Note as to Lord Coke’s cited Legitimacy Case of Radwell, in 18 E. - 1._ - -Lord Hale, in a manuscript note about legitimacy in Co. Litt. fol. 8. a. -gives a fuller extract of this case of 18. E. 1. from the record than is -here expressed. His words are these. - -“Trin. 18 E. 1. Coram rege, rot. 13. Bedford, et M. 22, 23 E. 1. rot. 2. -_In assise by John Radwell against Henry son of Beatrice, who was wife -of Robert Radwell_, quia compertum est, quòd dictus Henricus fuit natus -per 11 dies post 40 septimanas, quod tempus est usitatum mulieribus -pariendi, ex quo prædictus Robertus non habuit accessum ad prædictam -Beatricem per unum mensem ante mortem suam, præsumitur dictum Henricum -esse bastardum, ideo _judgment for the plaintiff_.” - -If this state of the case is correct, Lord Coke’s is erroneous in -several particulars of consequence.—1. He is short in not expressing, -that the record mentions _forty weeks_, and so leaving it to be deemed -an _inference_ of his own, as which it hath been accordingly treated.—2. -He exceeds the record, by representing it to stile _that time_ the -_latest_ for a woman’s going with child, when the record only calls it -the _usual_ period.—3. He wholly omits the husband’s having had _no -access to his wife for one month before his death_; a fact very -material, it being very easy to allow _eleven days_ after the _usual_ -time, but requiring a strong case to warrant extending such liberality -to nearly _six weeks_.—4. The word _præsumitur_, which Lord Coke passes -over, is of importance; for it indicates, that, notwithstanding the -great excess of time, it was conceived to create only a _presumption_ -for the bastardy, and consequently, if very cogent circumstances to -account for the protraction of the birth, and in favour of the wife’s -chastity, had occurred, the judgment might have been for the legitimacy. - -So far we had advanced, when on looking into Rolle’s Abridgment, 536. we -found the same ancient case of Radwell more at large, than either in -Lord Coke or Lord Hale. - -But Rolle agrees with Lord Coke, as well in respect to the record’s not -mentioning the _forty weeks_, as to its stating the birth to be eleven -days after the _latest time in law for a woman’s going with child_; and -as from Rolle’s particularity he seems to have most minutely attended to -the record, his authority, till the whole record appears, seems most -decisive. - -However the two last particulars, in which Lord Coke differs from Lord -Hale, still remain, to which Rolle adds these further circumstances: -namely,—that the _husband languished of a fever a long time before his -death_;—that on the taking of an inquisition afterwards in the court of -a lord, of whom he held lands by knight’s service, _the wife swore she -was not pregnant_, and to prove it uncovered herself in open court;—and -that, in consequence of all this, the lord received a _collateral_ -relation as heir. The words describing the wife’s exposure of her person -are remarkable; for the record states, that she, being interrogated, -_juramento asserebat, se non esse prægnantem; et, ut hoc omnibus -manifestè liqueret, vestes suas ad tunicam exuebat, et in plená curiá -sic se videri permisit_. 1 Ro. Abr. 356. pl. 3. and 18 E. 1. rot. 13. in -B. R. there cited. It reflects great discredit, on the lord’s court, -which permitted such a gross indecency; and still more on the king’s -judges, who suffered it to be recorded as one of the grounds for a -verdict before them. How laudably contrariant is the proceeding on the -writ _de ventre inspiciendo_? This remedy for the heir against the -pretence of pregnancy, so well known to be of earlier date than the -reign of Edward the first, as it was framed in the times of Bracton, -Britton, and Fleta, delicately requires the widow to be inspected by a -jury _of her own sex_; and though in subsequent times the sheriff was -ordered to summon a jury composed both of men and women, yet still the -_search_ was to be made by the latter only. Bract. 69. a. Brit. 165. b. -Flet. lib 1. c. 15. Reg. Br. Orig. 227. a. What harsh ideas of the times -might we be led to adopt, if the early introduction of the writ _de -ventre inspiciendo_ did not demonstrate, that the unseemly record we are -observing upon was a _singularity_, and so many other testimonies of a -more advanced refinement in judicial proceedings did not concur to -rescue the age of our English Justinian from the suspicion of a _general -practice_ of such barbarism! - -Let us then suppose the record to be as it is in Rolle; which is the -more probable to be the truth, because a contemporary judge, who reports -its having been _produced_ on a trial of legitimacy, represents it much -in the same way. Cro. Jam. 541. But still it will not warrant Lord -Coke’s inferring from it, that _forty weeks_ constitute the latest time -the law allows for a woman’s going with child. On the contrary, no -particular time being mentioned, what period was meant, must be found -out through some other _medium_; and as the record states _other_ -unfavourable circumstances besides the excess of time, and that the -_jury presumed_ against the child’s being the issue of the deceased -husband, it seems fair to suppose, that the law was understood, not to -be so strict in the time alluded to, whatever that time might be, as -indiscriminately to condemn as illegitimate all children not born within -it, but rather to consider every excess, unless very extraordinary -indeed, as only raising a presumption against them. This construction is -clearly most consistent with the terms of the record in question. In the -next note we shall attempt to satisfy the reader, that the rule -resulting from it is most conformable to other precedents and -authorities, as well as to the reason of the thing. - -After the case of Radwell from the Record of E. 1. Lord Hale thus gives -the four following cases. - -“Rot. Parl. 9 E. 2. M. 4. Gilbert de Clare comes Glouc. obiit 30 Junii 7 -E. 2. In parliamento tent. quindena Hil. 9 E. 2. _the sisters and -coheirs pray livery. Matilda_, quæ fuit uxor comitis, _pretends to be -big by the earl, which was accordingly found_ per inquisitionem. _The -coheirs reply, that_, si comitissa prægnans esset, tantum tempus elapsum -est, ut secundum cursum pariendi non potest dici imprægnari a comite. -_Yet they could not obtain livery till_ Pasch. 10 E. 2. _but the -question hung in deliberation_. - -“Note 18 R. 2. _where a woman in such a case immediately after the death -of the first husband took a second husband, and had issue born forty -weeks and eleven days after the death of the first husband, and it was -held to be the issue of the second husband_. - -“M. 17. Jac. B. R. _Alsop and Stacey. Andrews dies of the plague. His -wife, who was a lewd woman, is delivered of a child forty weeks and ten -days after the death of the husband. Yet the child was adjudged -legitimate and heir to Andrews; for_ partus potest protrahi _ten days_ -ex accidente. - -“M. 4. Car. in Cur. Ward, _and afterwards_ P. 5. Car. B.R. _Thecar -marries a lewd woman; but she doth not cohabit with him, and is -suspected of incontinency with Duncomb: Thecar dies: Duncomb within -three weeks after the death of Thecar, marries her: two hundred and -eighty-one days and sixteen hours after his death she is delivered of a -son. Here it was agreed, 1. If she had not married Duncomb, without -question the issue should not be a bastard, but should be adjudged the -son of Thecar. 2. No averment shall be received that Thecar did not -cohabit with the wife. 3. Though it is possible, that the son might be -begotten after the husband’s death, yet, being a question of fact, it -was tried by a jury, and the son was found to be the issue of Thecar._” - -Lord Hale’s case of E. 2. appears very extraordinary, the time from 30 -June from 7 E. 2. when the Earl of Gloucester died, to the _quindene_ of -Hilary, or 29 Jan. 9 E. 2, when the livery to his sister was further -postponed in parliament, being _within one day of a year and seven -months_; which is a much later date for the delivery of a live child, -than the most liberal in their calculations have hitherto assigned. -However, on reading the printed copy of the original record, in the -rolls of parliament lately published, we find Lord Hale’s note quite -accurate. See Rot. Parl. v. 1. p. 353.—As to the case of R. 2. it -confirms the doubt we have elsewhere stated of the opinion, that, if a -widow marries again and has a child within nine months after the death -of the first husband, the child may choose his father; and is an -authority for deciding according to the proof of the woman’s condition -when her first husband died. Ante fo. 8. a. note 7. Terms of the Law, -first edit. tit. _Bastard_, and Cowel Inst. lib. 1. t. 9.—Lord Hale’s -two other cases are reported in several books, Alsop and Stacey being in -Cro. Jam. 541. Godb. 281. Palm. 9. 1 Ro. Abr. 356. and Thecar’s in Cro. -Jam. 685. Winch. 71. Litt. Rep. 177.[179] - - - II. _Note on Lord Coke’s Doctrine as to the latest time with Women for - Parturition._ - -If our law was really as strict in point of time as is here represented -by Lord Coke, it would not sufficiently conform to the course of nature. -The physicians, it is true, generally call _nine_ months, each being of -thirty days, the _usual_ period for a woman’s going with child. But then -they allow, that, as a delivery may be accelerated by various accidental -and other causes, so it is frequently protracted, not only for _ten -days_ beyond the nine months, but to the end of the _tenth_ month, and -sometimes for a considerably longer time. See Zach. Quæst. Medico-legal, -lib. 1. tit. 2. Justice therefore requires, that, in the case of -posthumous children, an excess of the usual time should not operate -further, than by raising a proportional _presumption_ against the -legitimacy. - -The Roman law was very liberal in this respect; for the _decemviri_ -allowed, that a child may be born in the _tenth_ month; and though a law -of the digest excludes the eleventh, yet the emperor Adrian, after -consulting with the philosophers and physicians, decreed even for this, -where the mother was of good and chaste manners. See Dig. 1. 4. 12. -Paul. Sentent. lib. 4. t. 9. s. 5. Nov. 39, c. 2. t. 17. with -Gothofred’s learned notes on those two texts of the Roman law. Cod. lib. -6 t. 29. leg. 2. Aul. Gell. lib. 3. cap. 16. Huber. Prælect. in Dig. -lib. 1. tit. 6. - -A like liberal discretion probably prevails in most countries in Europe; -for an instance of which, we refer to a very respectable foreign lawyer, -who reports a decision by a _majority_ of judges in the supreme court of -Friesland, by which a child was admitted to the succession, though not -born till three hundred and thirty-three days from the day of the -husband’s death,[180] which period wants only three days of _twelve -lunar_ months. Sand. Decis. Fris. lib. 4. tit. 8. Definit. 10. - -Nor will our own law, notwithstanding what Lord Coke advances, if the -authorities are duly collected and considered, be found deficient on -this interesting subject. Indeed there is a passage in Britton, which -gives countenance to Lord Coke’s limitation of forty weeks; for this -writer excludes from the inheritance posthumous children not born within -forty weeks from the husband’s death. Britt. 166. a. However, even this -writer seems to extend in some degree beyond the forty weeks; unless he -meant to make the wife’s conception exactly of equal date with the -husband’s death, which surely is not a very reasonable construction. But -without dwelling on such a nicety, it is sufficient, that the principal -of the few other authorities in our books are against so rigid a rule. -Bracton is very cautious, illegitimatizing only the issue born so long -after the husband’s death, as to create an improbability of its being -his child, without naming any fixed period. Bract. lib. 5. fo. 417. b. - -As to the determined cases in our courts, the only authorities of this -sort, we meet with, are enumerated in the preceding annotation; and -these, duly weighed, will not be found, it is apprehended, to warrant -Lord Coke’s conclusion.—In Radwell’s case, the finding against the issue -is expressed to have been grounded merely on _presumption_; and besides, -if we construe the record properly, the presumption arose from proof of -the husband’s non-access to the wife a month before his death,—The case -of 9 E. 2. is an instance of allowing so much time beyond forty weeks, -that it seems too strong to have much weight; but so far as it can claim -any, it counts against Lord Coke.—The case of 18 Rich. 2. at first seems -full for Lord Coke’s rule, the child, though born only _eleven_ days -beyond the _forty weeks_, having been declared not the issue of the -deceased husband. But when it is further considered, there will be found -nothing to prove a _positive general_ rule; for the case was very -special, the widow having married a second husband the day after the -death of the first, so that the question was not of legitimacy, but -merely to which husband the issue belonged.—One of the two only -remaining cases considerably extends the time beyond the forty weeks; -for in _Alsop_ and _Stacey_, the first of them, the issue was found -legitimate, notwithstanding the lapse of forty weeks and _ten days_, and -the lewd character of the wife: and even as to _Thecar’s_ case, which is -the other of them, the issue having been born two hundred and eighty-two -days, there was an excess of the forty weeks, though but a trifling one. - -The precedents therefore, so far from corroborating Lord Coke’s -limitation of the _ultimum tempus pariendi_, do, upon the whole, rather -tend to shew, that it hath been the practice in our courts, to consider -forty weeks merely as the more _usual_ time, and consequently not to -decline exercising a discretion of allowing a longer space, where the -opinion of physicians or the circumstances of the case have so required. - -In the course of our inquiries into the subject of this note, we were -curious to know the general sentiments of that eminent anatomist, Dr. -Hunter, on three interesting questions. These were, what is the _usual_ -period for a woman’s going with child, what is the _earliest_ time for a -child’s being born alive, and what the _latest_. The answer, which he -obligingly returned through a friend, we have liberty to publish; and it -was expressed in the words following:—1. _The usual period is nine -calendar months; but there is very commonly a difference of one, two, or -three weeks._ 2. _A child may be born alive at any time from three -months; but we see none born with powers of coming to manhood, or of -being reared, before seven calendar months, or near that time. At six -months it cannot be._ 3. _I have_ known _a woman bear a living child, in -a perfectly natural way, fourteen days later than nine calendar months, -and_ believe _two women to have been delivered of a child alive, in a -natural way, above ten calendar months from the hour of conception_. - -[What follows is an extract from Sande’s _Decisiones Frisicæ_, being his -report of the case, which in the preceding article is referred to as a -decision by the supreme court of Friesland in 1634, for the legitimacy -of a child born in the twelfth month after the husband’s death. It is -taken from the fourth book, title 8, definition 10.] - -_“Partum à muliere, quæ non probabatur impudicè vixisse, editum - duodecimo ab obitu viri mense, habitum legitimum et ad viri - successionem admissum._ - -“Vir aliquamdiu valetudinarius, et per quatuordecim dies ante mortem -lecto affixus, ex hac vita migravit die decimo Augusti, Anno 1631, -relictâ uxore, quæ nono mensis Julii die anno insequenti peperit filiam, -ita ut à die obitûs viri effluxerint dies naturales tricenti et triginta -tres, qui efficiunt menses solares completos undecim cum tribus diebus, -vel lunares ferè duodecim, sive annum integrum lunarem ab eo momento, -quo vir animam reddidit. Quæsitum, an hæc filia legitima et ad -successionem istius viri admittenda sit. - -“Inter Medicos et Physicos constat, quamvis hominis nascendi tempora -sint varia, illa tamen ad certos limites revocari. Aristoteles enim -_lib._ 7. _histor. animal._ ait, soli homini multiplex pariendi tempus -datum: nam et septimo mense, et octavo et nono parere potest, et quod -plurimum, decimo: nonnullas etiam mulieres undecimum mensem attingere. -His conveniunt, quæ Plinius _lib._ 7. _natur. hist cap._ 5. scribit, -nonnullas etiam mulieres undecimum mensem attingere. - -“Secundùm ordinarium igitur naturæ cursum, decimus mensis completus est -extremus pariendi terminus. Undè Author libri Sapientiæ _cap._ 7. v. 2. -_In utero_, inquit, _matris figuratus sum raro tempore decem mensium_. -Et Plautus _in Cistelaria_ refert, puellam compressam exacto decimo -mense filiam peperisse. At Authores fidei digni referunt exempla -mulierum, quæ undecimo, duodecimo, decimo tertio, et ulteriore mense, -pepererunt, ut A Gellius 8. _noct. attic._ 16. Plinius _lib._ 7. _natur. -histor. cap._ 5. Avicenna _lib._ 9. _de animal_. Et Albericus Gentilis -_disputat._ 1. _de nascendi tempore_ hæc celebris Medici Victoris -Trincavelli _ex epist._ 5. verba recitat. _Auctores_, inquit, _multi et -illi quidem viri omni exceptione majores, tam antiqui, quam juniores, -attestuntur huic sententiæ, nempe repertas esse mulieres indubitatæ -probitatis et pudicitiæ, quæ fœtum in utero gesserint ad undecimum -mensem et ultra_. Cujus diuturnioris gestationis caussas varias nonnulli -Medici reddunt, ut videre est in consilio primo Monsbelianorum -Medicorum, quod extat apud Gerard. Maynard. _lib._ 3. _decis. Tholos._ -4. Alii tamen Medici non adhihent fidem his exemplis, eaque malunt -proficisci ex phantasia et imaginatione mulierum, quæ opinantur ex -diversis accidentibus se ultra tempus ordinarium gestare fœtum, cum -tamen res aliter se habeat, ut apparet ex concilio Medicorum secundo, -quod refertur a Maynardo d. loco. Minimè igitur de hac quæstione -convenit inter ipsos Medicos. Illud certum est, casus istos mulierum, -quæ post decimum mensem peperisse dicuntur, si veri sunt, esse -nihilominus raros et extraordinarios, idcirco eorum non haberi rationem -à Legislatoribus, qui contemnunt quæ semel bis aut perraro accidunt, et -ad ea jus aptant, quæ frequenter et facilè eveniunt _l. nam ad ea 5. et -l. seq. ff. de legib. l. ea quæ raro 64 ff. de reg. jur._ et idcirco -legitimum et extremum pariendi terminum constituunt decimum mensem -completum. Quod jus primum proditum est lege 12 Tabularum ubi Decemviri -ita ajunt, _Ut si qua mulier post viri mortem in decem mensibus proximis -pareret, qui quævè ex ea nasceretur, suus suavè in viri familia heres -esset_. Et Testatores dicere solebant. _Si filius et filia intra decem -mensium spacium, post mortem meam editi fuerint, heredes sunto l. ult. -C. de postum. hered. instit. l. ult. ff. de fideicommiss. libert. l. -Gallus 29. in pr. ff. de liber. et postum._ Ac Ulpianus ut de jure certo -_in l. 3 § penult. ff. de suis et legit. hered._ respondit his verbis, -_post decem menses mortis natus non admittetur ad legitimam -successionem_. Augustinus _lib_. 1. _quæst. Evangelic. ita ait._ Quod -dicuntur decem menses pregnantis, novem sunt pleni, sed initium decimi -pro toto accipitur. Hos decem menses ex instituto Græcorum, a quibus -Decemviri leges suas acceperunt, non solares, sed lunares fuisse probat -Fr. Hotomannus _lib._ 9. _obs._ 9. Nec Ulpiano obloquitur Justinianus in -_Novell._ 39. dum negat sub finem undecimi mensis vel perfecto undecimo -natum esse legitimum: nam indé à contrario sensu ad correctionem -Ulpianei responsi malè inferretur natum initio undecimi mensis esse -legitimum ut animadvertit etiam Albericus Gentilis _d. Disp._ 1. Sanè in -Dicastetrio Wittenbergensi anno 1567. partum pronuntiatum fuisse -legitimum, quam mulier, quæ honestè vixerat, post obitum mariti -pepererat in initio undecimi mensis, referunt Ioachimus à Beust in -tract. de matrimonio _cap._ 36. _in fin. et ad. l._ 3. _ff. de jurejur. -num._ 36. ac Andreas Rauchbaert, _part._ 1. _quæst._ 24. _num._ 53. Unde -Conradus Riddershusius _in comm. ad Novell. Const. part._ 4. _cap._ 13. -a Justinianeo jure moribus recessum existimat. Quod non est admittendum. -Illud notatu dignum, quod ex Theodoro Zuingero Medico refert Hotomannus -_d. obs._ 9. mulieres nempe dum dimidiatum mensem pro integro computant, -sæpe opinari, se undecim menses uterum gestare, cum tamen septem tantum -quadragenas dies scilicet 280. compleverint. Jure igitur nostro partus -habetur legitimus, qui intra et non post decem menses a morte viri -editus est. Confer Iacobum Cujacium _ad d. Novell._ 39. _in tract. de -præscript. cap._ 19. _et lib._ 4 _recept. sent. Iulii Pauli cap._ 9. § -5. Andream Tiraquellum _in repetit. l. si unquam_ 8. _in verb. Suscepit -liberos C. de revocand. donat._ Iacobum Menochium _lib._ 2. _de arbit. -judic. cas._ 89, _num._ 47. 48. & 52. Ioachimum Mynsing. _cent._ 6. -_obs._ 4. Franciscum Hotomannum _lib._ 9. _obs._ 9. Gerardum Maynard. -_lib._ 4. _decis. Tholos._ 3. 4. Iacobum Concennatium, _lib._ 2. _quæst. -jur. cap._ 9. Casus illos raros et extraordinarios ad facti quæstionem, -id est, ad Indicis, ut noni viri arbitrium, redigendos esse dicit -Hotomannus _d. obs._ 9. _in fin._ Et hanc inter ordinarios et -extraordinarios partus differentiam esse ait Gentilis, quòd illi justi -habeantur, nisi probentur injusti, hi injusti censeantur, donec justi -fuerint approbati. - -“In hac specie partitæ erant Iudicum sententiæ. Quidam enim censebant -juris definitioni hic esset insistendum, cum partus editus sit mense -duodecimo ferè completo, si menses his accipiamus lunares, et vir ante -obitum quatuordecim dies graviter decubuerit, ideoque credibile non -fuerit eum de vene exercenda cogitasse. Alii (qui numero vincebant) -judicabant partum legitimum, quòd mulier esset probatis moribus ac -pudicitiâ minimè suspectâ, quòd etiam ex marito quantumvis ægroto -concipere potuerit, tardiorisque partus caussam ex Hippocratis sententia -esse potuisse, quod viri infirmi semen fuerit humidius et excrementosius -eoque minus concoctum. Senatus tamen expedire censuit, ut partes ad -transigendum monerentur. Transactione autem non succedente, partus -frequentioribus suffragiis declaratus fuit legitimus, et patri -heres.[181].” - - ------------------------------------ - -The learned author of these notes, Francis Hargrave, one of the King’s -Counsel, died while our work was at press: the profession have lost a -most profound and erudite lawyer; the learned, an elegant scholar; and -his friends, a man whose amenity of manner and kindness of heart -surpassed the ordinary bounds of human benevolence. - - - - - APPENDIX. - - PART III. - - - - - The determination of the College concerning the Questions proposed to - them by the King’s Majestie about the death of _Joseph Lane_. - - -The College of Physicians in London being lawfully assembled by the -command of their Sovereign Lord the King, about certain questions -proposed concerning the death of _Joseph Lane_, reported to be killed by -poison, and having made a diligent search, and well considering all -circumstances relating; 1. As to the state of the body of the foresaid -Lane; 2. As to the disease which (by a long series of violent symptoms) -brought him to his end; 3. As to the kind and appearance of his death; -4. As to the observations made upon his dead body by the Physicians and -Chirurgeons present; 5. As to the conjectures taken from the strict -examination of a _bolus_ extremely suspicious, whose parts were -artificially separated, found in Mr. _Lane_’s house when dead, and after -brought into Court before the Judges, and from thence to the Physicians -at their College: To whom (by the command and in the name of the King) -Letters were wrote from the Right honourable Sir John Cooke principal -Secretary of State that they might diligently enquire and give a -faithful account to the following Questions, 1 Concerning Lane’s death, -whether it was procured from Poison? 2 Their opinion about a purging -potion carried the 4th of April, 1632 from Mr. _Mathews_ an Apothecary’s -shop to _Lane’s_ House; and taken by Lane the 6th, whether it had any -thing of poison in it? The College after very mature deliberation, did -humbly present the following Decree to his sacred Majesty as a testimony -of their obedience. - -1 That the said _Joseph Lane_ did certainly dye of a violent death. 2 -That he had taken poison, and that corrosive. 3 That they could -determine nothing concerning the Potion sent and given by Mr. _Mathews_ -the Apothecary to Mr. _Lane_ without the advice of any Physician, -because many of their Medicines were too negligently prepared by their -Servants; But if this potion did only consist of those ingredients which -he had given an account of, and for which we have solely his word, then -there was nothing of poison contained therein. 4. In the remainder of -the aforesaid _Bolus_ there was found Mercury Sublimate, not sweet, but -the most harsh and highly caustick, which was separated from the rest of -the _Bolus_ and shown to the whole College; In testimony whereof the -College by the unanimous Consent of the President and Fellows and all -present at this consultation, signed this Decree with their own hands, -and sealed it with the College Seal, that it might appear more -authentick. - -And because that from the beginning of the world to this very day good -and wholesome Laws have derived their original from evil manners, the -whole College of Physicians doe most humbly beseach your most sacred -Majesty that as the Father of your Country, you would consult the health -and welfare both of your City Subjects and would by your Royal -Proclamation strictly command that for the future, No Grocer, Drugster, -Apothecary, Chymist, or any other person presume to sell Arsenick, -Quicksilver, Sublimate, Precipitate, Opium, Coloquintida, Scammony, -Hellebore, or other Druggs either poisonous or dangerous, to poor sorry -Women or poor people (which hath been too common) but only to those who -are willing to give their names; that if there should be occasion they -may give an account of the reason of their buying these dangerous -medicines. - -May it likewise please your Majesty to issue out your Royal Edict under -the most severe penalties, that no Apothecary for the future shall dare -to compound for the Well, or administer to the Sick any medicines, -especially Vomits, Purges, Opiates, Mercurial or Antimonial remedies -without the prescription of Physicians then living; which prescription -they shall be bound to produce upon the command or request of the -Censors of the College. He that shall act contrary, shall be punished by -the Law as a publick enemy to the life of man. Dated from the College of -Physicians in London the Last day of May 1632 And subscribed - - Dr. ARGENT President - (and seventeen others) - -(_See Goodall’s Proceedings_) - - - - - Case of Standsfield. - - - Edinburgh Dec^r 1. 1687. - -We under Subscribers, James Craufurd and James Muirhead, Chirurgeons in -Edinburgh, having order from Sir John Dalrymple his Majesty’s Advocate, -to go to Morum and there to take up the Corps of Sir James Standsfield, -and to sight and view the same exactly, and if need were, to open up the -body, and to consider whether there appeared any evidence of wounds, -bruises, or strangling upon the Corps, besides what might have happened -by his falling or drowning in the water, &c. In obedience thereto, we -caused take up the said corps in the presence of “(here follow the -names)” indwellers in New Milns, and some others. Having with all -possible exactness viewed the corps we observed the face a little -swelled, and inclining to a dark reddish colour, some fulness of some -capillarie veins in the pallet of the mouth towards the uvula, as also a -large and conspicuous swelling, about three inches broad, of a dark red -or blue colour, from one side of the larinx round backwards to the other -side thereof; we observed the jugular veins on both sides the neck very -large and distended and full of blood; there was a large swelling under -and betwixt the chin and the cartilago scutiformis; there was also a -little scratch below the left mandibula, which had rankled the cuticula, -and made some little impression on the cutis: Having made incission from -the chin down about the larinx, and cross upon the swelling of the neck, -we found a greater laxness and distance (as we think) than ordinary -betwixt the cartilago scutiformis and os hyoides; we found the tumour on -the neck, containing bruised, like dark or blackish blood; the jugulars, -when cut, bled inconsiderably especially that on the left side. - -Having opened his breast we found the lungs distended to the filling up -their capacities, but free of water: his stomach, liver &c. were all in -good condition; we found no water at all; the breast, belly, privy -parts, &c. were all well coloured, there was no swelling in his belly, -nor any thing by ordinary to be seen on his head. This we attest and -subscribe with our hands. - - James Craufurd - James Murehead - - - Report of the Chirurgeons of Edinburgh on the same case. - -We under subscribers, Chirurgeons of Edinburgh, having fully considered -the report made by James Craufurd and James Murehead concerning the -condition of the corps of Sir James Standsfield, and though it be not -usual to declare more than matter of fact, yet in obedience to your -Lordships commands, where ye desire to be informed, if these symptoms -found upon the body, do import drowning or strangling; we humbly offer -opinion, so far as our art or experience will allow. And whereas the -report informs us, that there was found a swelling and preternatural -redness in the face, a large conspicuous tumour, about three inches -broad, of a dark red, or black colour, from the one side of the larynx -round backwards to the other side thereof, a large swelling betwixt the -chin and the cartilago scutiformis, the jugular veins on both sides very -much distended; and when incision was made downwards between the os -hyoid and larinx was observed a laxness, and distance between the os -hyoid and the cartilago scutiformis, incision was made cross alongst the -tumour it was found full of bruised blood; the jugulars likewise, when -opened, yielded a considerable quantity of blood, especially on the left -side, no smell or corruption appearing in any part of the body. It is -very probable these parts have suffered some external violence, which -hath made them appear so far different from their natural figure and -colour, and could not be caused by drowning simply. As to the other part -of the report, the breast and belly being opened, the lungs found -distended, the bronchi full of air, without any water, nor any water -found in the stomach or intestines, a body when drowned being generally -found to have much water in it with other circumstances of the report -considered, gives just ground to think he was not drowned. This we -subscribe at Edinburgh the 3d day of Feb^y 1687 - - John Ballie, Deacon, - Wil Borthwick - George Stirling - Thomas Edgar - James Craufurd - James Murehead - - - The Report of the College of Physicians, - - Edinburgh February 6: 1687 - -The College of Physicians being assembled at the desire of his Majesty’s -Advocat, to consider a report made by some Chirurgeons, concerning the -body of the late Sir James Standsfield, and to give their opinion, -whether by the said report, there is any just ground to believe that the -said Sir James Standsfield was strangled or drowned? And they have -accordingly considered the said report. They are of opinion, supposing -the verity of the said report or declaration that there is sufficient -ground to believe, that the said Sir James Standsfield was strangled, -and not drowned. In testimony whereof these presents are subscribed by - - Sir Andrew Balfour, President of the said College. - - A. Balfour PCRM - - (_From Howell’s State Trials_). - - - - -Extract from Medical Evidence in the Case of _Spencer Cowper_, Esq. for - the murder of _Sarah Stout_. - - (13 Howell’s State Trials) - - -Page 1126. Mr. _Coatsworth_ a Surgeon sworn - -My Lord in April last I was sent for by Dr. _Philips_ to come to -Hertford to see the body of Mrs. _Stout_ opened, who had been six weeks -buried; and he told me that there was a suspicion she was murdered, and -that her relations were willing to have her taken up and opened. I came -down I think on the 27th of April, and lay at Mrs. _Stout_’s house that -night; and by her discourse I understood she wanted to be satisfied, -whether her daughter was with child? I told her, it was my opinion we -should find the parts contained in the abdomen so rotten, that it would -be impossible to discover the uterus from the other parts; however, if -she would have her opened, I could not discover whether she was with -child, unless the infant was become bony. Her face and neck, to her -shoulders, appeared black, and so much corrupted that we were unwilling -to proceed any further: but, however, her mother would have it done, and -so we did open her; and as soon as she was opened, we perceived the -stomach and guts were as full of wind as if they had been blown with a -pair of bellows; we put her guts aside, and came to the uterus, and Dr. -_Philips_ shewed it us in his hand, and afterwards cut it out and laid -it on the table, and opened it, and we saw into the cavity of it, and if -there had been any thing there as minute as a hair, we might have seen -it, but it was perfectly free and empty; after that we put the -intestines into their places; and we bid him open the stomach, and it -was opened with an incision knife, and it sunk flat, and let out wind, -but no water; afterwards we opened the breast and lobes of the lungs, -and there was no water; then we looked on each side and took up the -lobes of the lungs too, to see if there was no water in the diaphragm, -and there was none, but all dry. Then I remember I said, this woman -could not be drowned, for if she had taken in water, the water must have -rotted all the guts: that was the construction I made of it then; but -for any marks about her head and neck, it was impossible for us to -discover it, because they were so rotten. - -_Edward Clement_ (a seaman) sworn. In the year 89 or 90, in Beachy -fight, I saw several thrown over-board during the engagement, but one -particularly I took notice of, that was my friend, and killed by my -side; I saw him swim for a considerable distance from the ship; and a -ship coming under our stern, caused me to lose sight of him, but I saw -several dead bodies floating at the same time; likewise in another -engagement, where a man had both his legs shot off, and died instantly, -they threw over his legs; though they sunk I saw his body float: -likewise I have seen several men who have died natural deaths at sea, -they have when they have been dead, had a considerable weight of ballast -and shot made fast to them, and so were thrown overboard; because we -hold it for a general rule, that all men swim if they be dead before -they come into the water; and on the contrary, I have seen men when they -have been drowned, that they have sunk as soon as their breath was out -of their bodies, and I could see no more of them. For instance, a man -fell out of the Cornwall, and sunk down to rights, and seven days -afterwards we weighed anchor, and he was brought up grasping his arm -about the cable: and we have observed in several cases, that where men -fall overboard, as soon as their breath is out of their bodies they sink -downright; and on the contrary, where a dead body is thrown over-board -without weight, it will swim. * * * Men (that are killed) float with -their heads just down, and the small of their backs and buttocks -upwards, * * * why should government be at that vast charge to allow -threescore or fourscore weight of iron to sink any man, but only that -their swimming about should not be a discouragement to others. - -_Robert Dew_ sworn—* * * (Question by the Prisoner) After she was taken -out, did you observe any froth or foam come from her mouth or nose? -_Dew_—There was a white froth came from her, and as they wiped it away, -it was on again presently. - -—— _Young_—(another witness to a similar question)—* * And when they had -taken her up (out of the water) they laid her down upon a green place, -and after she was laid down a great quantity of froth, like the froth of -new beer, worked out of her nostrils. * * * It rose up in bladders, and -ran down on the sides of her face, and so rose again. - -Dr. _Sloane_ sworn—* * As to my opinion of drowning it is plain, that if -a great quantity of water be swallowed into the stomach by the gullet, -it will not suffocate or drown the person: Drunkards who swallow a great -deal of liquor, and those who are forced by the civil law to drink a -great quantity of water, which in giving the question (as it is called) -is poured into them by way of torture to make them confess crimes, have -no suffocation or drowning happen to them: But on the other hand, when -any quantity comes into the wind-pipe, so as it does hinder or intercept -inspiration, or coming in of the air, which is necessary for inspiration -or breathing, the person is suffocated. Such a small quantity will do, -as sometimes in prescriptions, when people have been very weak, or -forced to take medicines, I have observed some spoonfuls in that -condition (if it went the wrong way) to have choaked or suffocated the -person. I take drowning in a great measure to be thus, and when one -struggles he may, to save himself from being choaked, swallow some -quantity of water, yet that is not the cause of his death, but that -which goes into the wind-pipe and lungs. Whether a person comes dead or -alive into the water, I believe some quantity will go into the -wind-pipe; and I believe without force after death, little will get into -the stomach, because that it should, swallowing is necessary, which -after death cannot be done. * * * - -Baron _Hatsell_. But what do you say to this? if there had been water in -the body, would it not have putrified the parts after it had lain six -weeks. - -Dr. _Sloane_. My Lord, I am apt to think it would have putrified the -stomach less than the lungs, because the stomach is a part of the body -that is contrived by nature partly to receive liquids; but the -contrivance of the lungs is only for the receiving of air; they being of -a spongy nature, the water might sink more into them than the stomach; -but I believe it might putrify there too after some time. I am apt to -think, that when a body is buried under ground, according to the depth -of the grave, and difference of the weather and soil, the fermentation -may be greater or lesser, and that according to the several kinds of -meats or liquids in the stomach, the putrifaction will likewise vary so -that it seems to me to be very uncertain. - -Baron _Hatsell_. But when they are in a coffin, how is it then? - -Dr. _Sloane_. No doubt there will be a fermentation more or less, -according as the air comes more or less to the body. Indeed it may be -otherwise where the air is wholly shut out, which is supposed to be the -way of embalming, or preserving of dead bodies of late, without the use -of any spices, which is thought in a great measure to be brought about -by the closeness of the coffin, and hindering of the air from coming -into the body. - -Question (by the Prisoner). Is it possible, in your judgment, for any -water to pass into the thorax? - -Dr. _Sloane_. I believe it is hardly possible, that any should go from -the wind-pipe into the cavity of the thorax, without great violence and -force; for there is a membrane that covers the outside of the lungs, -that will hinder the water from passing through it into any part without -them. - -Dr. _Garth_ sworn.—* * * All dead bodies (I believe) fall to the bottom, -unless they be prevented by some extraordinary tumour. * * * I believe -when she threw _herself_ in, she might not struggle to save herself, and -by consequence not sup up much water. Now there is no direct passage -into the stomach but by the gullet, which is contracted or pursed up by -a muscle in nature of a sphincter: for if this passage was always open -like that of the wind-pipe, the weight of the air would force itself -into the stomach, and we should be sensible of the greatest -inconveniences. * * * My Lord, I think we have reason to suspect the -Seaman’s evidence; for he saith that threescore pound of iron is allowed -to sink dead bodies, whereas six or seven pounds would do as well; * * -the design of tying weights to their bodies, is to prevent their -floating at all, which otherwise would happen in some few days.[182] - -Dr. _Morley_, the next witness, related some experiments on animals. - -Dr. _Wollaston_, sworn.—* * I saw two men that were drowned out of the -same boat. They were taken up the next day after they were drowned; one -of them was indeed prodigiously swelled, so much that his clothes were -burst in several places of his sides and arms, and his stockings in the -seams * * the other was not the least swelled in any part nor -discolored; he was as lank, I believe, as ever he was in his lifetime, -and there was not the least sign of any water in him, except the watery -froth at his mouth and nostrils.[183] - -Mr. _W. Cooper_, sworn.—* * Dead bodies necessarily sink in water, if no -distention of their parts buoy them up; this distention sometimes -happens before death, at other times soon after, and in bodies that are -drowned after they lie under water. - -Dr. _Crell_, sworn.—My Lord, it must be reading, as well as a man’s own -experience, that will make any one a Physician: for without the reading -of books in that art, the art itself cannot be attained to: besides, my -Lord, I humbly conceive, that in such a difficult case as this, we ought -to have a great deference for the reports and opinions of learned men: -neither do I see any reason why I should not quote the fathers of my -profession in this case, as well as you gentlemen of the long robe quote -_Coke_ upon _Littleton_ in others. * * I shall only insist on what -_Ambrose Pare_ relates in his Chapter of Renunciations. * * - -Mr. _Harriot_ (a Naval Surgeon) sworn.—* * When we threw men overboard -that were killed, some of them swam and some sunk * * (when a dead body -is thrown overboard) I always observed that it did sink. * * - -Mr. _Bartlet_ (a Naval Surgeon), sworn.—* * I never saw any bodies -float, either of the men that were killed in our ship, or in the ships -that have been near us; I have not seen a body on the surface of the -water. - - -------------- - -We have merely made comparatively short extracts from this trial, as -more copious quotations, both of the evidence, and pamphlets -subsequently published, would have occupied too great a space. The whole -will be found in _Howell’s State Trials_, and is well worthy of the -attention of the Medical or Legal reader. - - ------- - - - - -Extracts from the Evidence of Doctor Anthony Addington, on the trial of - _Mary Blandy_ at Oxford 1752, for the Murder of her Father by Arsenic. - - -Dr. Anthony Addington & Dr. William Lewis sworn. - -_Counsel._ Did you, Dr. Addington, attend Mr. Blandy in his last -illness? - -_Dr. Addington._ Yes, Sir. - -_C._ When was you called to him the first time? - -_Dr. A._ On Saturday evening August the 10th. - -_C._ In what condition did you find him? - -_Dr. A._ He was in bed; and told me, that after drinking some gruel on -Monday night, August the 5th, he had perceived an extraordinary -grittiness in his mouth, attended with a very painful burning and -pricking in his tongue, throat, stomach, and bowels, and with sickness -and gripings; which symptoms had been relieved by fits of vomiting and -purging. - -_C._ Were those fits owing to any physic he had taken or to the gruel? - -_Dr. A._ Not to any physic; they came on very soon after taking the -gruel. - -_C._ Had he taken no physic that day? - -_Dr. A._ No. - -_C._ Did he make any further complaints? - -_Dr. A._ He said, that, after drinking more gruel on Tuesday night -August the 6th, he had felt the grittiness in his Mouth again, and that -the burning and pricking in his tongue, throat, stomach and bowels, had -returned with double violence and had been aggravated by a prodigious -swelling of the belly, and exquisite pains and prickings in every -external as well as internal part of his body, which prickings he -compared to an infinite number of needles darting into him all at once. - -_C._ How soon after drinking the gruel? - -_Dr. A._ Almost immediately. He told me likewise, that at the same time, -he had had cold sweats, hiccup, extreme restlessness and anxiety; but -that then, viz. on Saturday night August the 10th, having had a great -many stools, and some bloody ones, he was pretty easy every where, -except in his mouth, lips, nose, eyes, and fundament; and except some -transient gripings in his bowels. I asked him, to what he imputed those -uneasy sensations in his mouth, lips, nose, and eyes? he said to the -fumes of something he had taken in his gruel on Monday night August the -5th, and Tuesday night August the 6th. - -On inspection, I found his tongue swelled and his throat slightly -inflamed and excoriated. His lips especially the upper one were dry and -rough, and had angry pimples on them. The inside of his nostrils was in -the same condition. His eyes were a little blood-shot. Besides these -appearances, I observed that he had a low, trembling, intermitting -pulse; a difficult unequal respiration; a yellowish complexion; a -difficulty in the utterance of his words; and an inability of swallowing -even a tea-spoonful of the thinnest liquor at a time. - -As I suspected that these appearances and symptoms were the effect of -poison, I asked Miss Blandy whether Mr. Blandy had lately given offence -to either of his servants or clients or any other person? She answered -_That he was at Peace with all the World, and that all the World was at -Peace with him_. I then asked her whether he had ever been subject to -complaints of this kind before? She said, that he had often been subject -to the cholic and heart-burn; and that she supposed this was only a fit -of that sort, and would soon go off as usual. I told Mr. Blandy that I -asked these questions because I suspected that by some means or other he -had taken poison. He replied, _It might be so_, or in words to that -effect: but Miss Blandy said _It was impossible_. - -On Saturday morning August the 10th, he seemed much relieved; his pulse, -breath, complexion, and power of swallowing, were greatly mended. He had -had several stools in the night and no blood in them. The complaints -which he had made of his mouth, lips, nose, and eyes were lessened; but -he said the pain in his fundament continued and that he still felt some -pinchings in his bowels. On viewing his fundament I found it almost -surrounded with gleety Excoriations and Ulcers. - -About eight o’clock this Morning I took my leave of him, but before I -quitted the room, Miss Blandy desired I would visit him again the next -day. - -When I got down stairs, one of the maids put a paper into my hands, -which she said Miss Blandy had thrown into the kitchen fire, several -holes were burnt in the paper but not a letter of the superscription was -effaced. The Superscription was, _The Powder to clean the Pebbles with_. - -_C._ What is the maid’s name that gave you that paper? - -_Dr. A._ I cannot recollect which of the maids it was that gave it to -me. I opened the paper very carefully, and found in it a whitish powder, -like white arsenic in taste, but slightly discoloured by a little burnt -paper mixed with it. I cannot swear this powder was arsenic or any other -poison, because the quantity was too small to make any experiment with, -that could be depended on. - -_C._ What do you really suspect it to be? - -_Dr. A._ I really suspect it to be white arsenic. - -_C._ Please to proceed Sir. - -_Dr. A._ As soon as the maid had left me, Mr. Norton the Apothecary -produced a powder, that, he said had been found at the bottom of that -mess of gruel, which, as was supposed had poisoned Mr. Blandy. He gave -me some of that powder, and I examined it at my leisure, and believe it -to be white arsenic. - -On Monday morning August the 12th I found Mr. Blandy much worse than I -had left him the day before, his bowels were still in pain. - -I now desired that another Physician might be called in, as I -apprehended Mr. Blandy to be in the utmost danger, and that this affair -might come before a Court of Judicature. Dr. Lewis was then sent for -from Oxford. I staid with Mr. Blandy all this day. I asked him more than -once whether he really thought he had taken poison? He answered each -time, that he believed he had. I asked him whether he thought he had -taken poison often? He answered in the affirmative. His reasons for -thinking so, were, because some of his teeth had decayed much faster -than was natural; and because he had frequently for some months past, -especially after his daughter had received a present of _Scotch Pebbles_ -from Mr. _Cranstoun_, been affected with very violent and unaccountable -prickings and heats in his tongue and throat, and with most intolerable -burnings, and pains in his stomach and bowels, which used to go off in -vomitings and purgings. I asked him whom he suspected to be the giver of -the poison? The tears stood in his eyes; yet he forced a smile and -said—_A poor Love-sick Girl—I forgive her—I always thought there was -mischief in those cursed Scotch Pebbles_. - -Dr. Lewis came about eight o’clock in the evening. Before he came Mr. -Blandy’s complexion, pulse, breath, and faculty of Swallowing were got -much better again; but he complained more of pain in the fundament. - - * * * * - -_Dr. Addington._ On Tuesday morning August the 13th, we found him worse -again. His countenance, pulse, breath and power of swallowing, were -extremely bad. He was excessively weak. His hands trembled. Both they -and his face were cold and clammy. The pain was intirely gone from his -bowels, but not from his fundament. He was now and then a little -delirious. He had frequently a short cough, and a very extraordinary -elevation of his chest, in fetching his breath; on which occasions an -ulcerous matter generally issued from his fundament. Yet in his sensible -intervals, he was cheerful and jocose; He said, _He was like a Person -bit by a Mad Dog; for that he should be glad to drink, but could not -swallow_. - -About noon this day his speech faultered more and more. He was sometimes -very restless, at others very sleepy. His face was quite ghastly. This -night was a terrible one. - -On Wednesday morning, August the 14th, he recovered his senses for an -hour or more. He told me, he would make his will in two or three days; -but he soon grew delirious again; and sinking every moment, died about -Two o’Clock in the afternoon. - -_C._ Upon the whole, did you then think, from the symptoms you have -described, and the observations you made, that Mr. Blandy died by -poison? - -_Dr. A._ Indeed I did. - -_C._ And it is your present opinion? - -_Dr. A._ It is; and I have never had the least occasion to alter it. His -case was so particular that he had not a symptom of any consequence, but -what other persons have had, who have taken White Arsenic; and, after -death, had no appearance (_except a stone in the Gall bladder_) in his -body, but what other persons have had, who have been destroyed by white -arsenic. - -_C._ When was his body opened? - -_Dr. A._ On Tuesday in the afternoon, August the 15th. - -_C._ What appeard on opening it? - -_Dr. A._ I committed the appearances to writing, and should be glad to -read them, if the Court will give me leave. - -Then the Doctor, on leave given by the Court, read as follows: - -Mr. Blandy’s back and the hinder part of his arms, thighs, and legs were -livid. That fat which lay on the muscles of his belly, was of a loose -texture, inclining to a state of fluidity. The muscles of his belly were -very pale and flaccid. The cawl was yellower than is natural; and on the -side next the stomach and intestines looked brownish. The heart was -variegated with purple spots. There was no water in the pericardium. The -lungs resembled bladders half filled with air and blotted in some places -with pale but in most with black ink. The liver and spleen were much -discoloured; the former looked as if it had been boiled, but that part -of it which covered the stomach was particularly dark. A stone was found -in the gall-bladder. The bile was very fluid and of a dirty yellow -colour, inclining to red. The kidneys were all over stained with livid -spots. The stomach and bowels were inflated, and appeared, before any -incision was made into them, as if they had been pinched, and -extravasated blood had stagnated between their membranes. They contained -nothing, as far as we examined, but a slimy bloody froth. Their coats -were remarkably smooth, thin, and flabby. The wrinkles of the stomach -were totally obliterated. The internal coat of the stomach and duodenum, -especially about the orifices of the former, were prodigiously inflamed -and excoriated. The redness of the white of the eye, in a violent -inflammation of that part, or rather the white of the eye just brushed -and bleeding with the beards of barley, may serve to give some idea how -this coat had been wounded. There was no schirrus in any gland of the -abdomen; no adhesion of the lungs to the pleura; nor indeed the least -trace of a natural decay in any part whatever. - - ------- - - (Dr. Lewis confirmed this part of the Evidence.) - - ------- - - Dr. Addington Cross examined. - - * * * * - -_Prisoners Counsel._ Why do you believe it to be White Arsenic? - -_Dr. A._ For the following Reasons: 1. This Powder has a milky -Whiteness; so has White Arsenic. 2. This is gritty and almost insipid; -so is White Arsenic. 3. Part of it swims on the surface of cold water -like a pale sulphureous film; but the greatest part sinks to the bottom, -and remains there undissolved; the same is true of white arsenic. 4. -This thrown on red hot iron, does not flame, but rises entirely in thick -white fumes, which have the stench of garlick; and cover cold iron held -just over them, with white flowers; white arsenic does the same. 5. I -boiled ten grains of this powder in four ounces of clean water, and -then, passing the decoction through a filtre, divided into five equal -parts, which were put into as many glasses: Into one glass I poured a -few drops of Spirit of Sal Ammoniac; into another some of the Lixivium -of Tartar; into the third some strong Spirit of Vitriol; into the fourth -some Spirit of Salt; and into the last some Syrup of Violets. The Spirit -of Sal Ammoniac threw down a few particles of pale sediment. The -Lixivium of Tartar gave a white cloud, which hung a little about the -middle of the glass. The Spirits of Vitriol and Salt made a considerable -precipitation of a lightish coloured substance; which in the former, -hardened into glittering chrystals, sticking to the sides and bottom of -the glass. Syrup of Violets produced a beautiful pale green tincture. -Having washed the saucepan, funnel, and glasses, used in the foregoing -experiments, very clean, and provided a fresh filtre, I boiled ten -grains of white arsenic bought of Mr. Wilcock, Druggist in Reading, in -four ounces of clean water; and filtering it and dividing it into five -equal parts, proceeded with them just as I had done with the former -decoction. There was an exact similitude between the experiments made on -the two decoctions. They corresponded so nicely on each trial, that I -declare I never saw any two things in Nature more alike, than the -decoction made with the powder found in Mr. Blandy’s gruel, and that -made with white arsenic. From the experiments, and others, which I am -ready to produce, if desired, I believe that powder to be White Arsenic. - - * * * * - -She had put a little of it into his cup of tea; but that he never drank -it; that part of the powder swimming at top of the tea, and part sinking -at the bottom, she had poured it out of the window. - - See Hargrave’s State Trials. Vol. 10. - - - - - Extracts from the Evidence delivered on the Trial of _John Donellan_, - Esq. for the Wilful Murder, by Poison, of Sir _Theodosius Edward - Allesley Boughton_, Bart. at the Assizes at Warwick, on Friday, March - 30th, 1781. - - - (_Taken in Short-hand by J. Gurney._) - - ------- - - EVIDENCE FOR THE CROWN. - - _Lady Anna Maria Boughton_, Mother of the deceased, Sworn—Examined by - Mr. Howorth. - -Q. Give the Jury an account of the physic you gave him, and the manner -of its operation. - -A. I asked him where the bottle was: he said it stood there upon the -shelf. First of all he desired me to get him a bit of cheese in order to -take the taste out of his mouth, which I did: he desired me to read the -lable; I accordingly did, and found there was written upon it, _Purging -draught for Sir Theodosius Boughton_. - -Q. When you gave him the draught, did he make any, and what observations -upon it? - -A. As I was talking to him I omitted shaking the bottle: he, observing -that, said, Pour it back again, and shake the bottle, and in so doing I -spilt part of it upon the table; the rest I gave him. As he was taking -it, he observed it smelt and tasted very nauseous; upon which I said, I -think it smells very strongly like bitter almonds. I gave him the -cheese; he chewed it, and spit it out. He then remarked that he thought -he should not be able to keep the medicine upon his stomach. I asked him -if he would have some water; I gave him some. He washed his mouth, and -spit that out, and then laid down. - -Q. Please to open that bottle, [giving Lady Boughton the genuine -draught] and smell at it, and inform the Court whether that smells at -all like the medicine Sir Theodosius took. - -A. No, it does not. - -Q. Please to smell to this, [giving Lady Boughton the draught with the -laurel water added to it.] - -A. This has a smell very like the smell of the medicine which I gave -him. - -Q. What was the first observation your Ladyship made of any appearances -upon Sir Theodosius after taking the medicine? - -A. In two minutes, or two minutes and a half, after he had taken it, he -struggled very much; it appeared to me, as if it was to keep it down; -and made a prodigious rattling in his stomach, and guggling; and he -appeared to me to make very great efforts to keep it down. - -_Court._ How did he make a rattling? - -A. A noise in his stomach as if it would come up again. - -Q. How long did you observe these symptoms continue? - -A. About ten minutes; he then seemed as if he was going to sleep, or -inclined to dose. Perceiving him a little composed, I went out of the -room. I returned in about five minutes after into his room; then, to my -great surprise, I found him with his eyes fixed upwards, his teeth -clenched, and froth running out of each corner of his mouth. - -Q. What did you do upon that? - -A. I ran down stairs, and told the servant to take the first horse he -could get, and go immediately for Mr. Powell, the Apothecary. - -Q. Was any other person sent for? - -A. No. - -Q. When did you first see Mr. Donellan after that? - -A. I saw him in less than five minutes; he came up to the bed chamber -where my son was, and asked me, What do you want? I said I wanted to -inform him what a terrible thing had happened; that it was an -unaccountable thing in the doctor to send such a medicine, for if it had -been taken by a dog, it would have killed him; and I did not think my -son would live. He asked in what manner Sir Theodosius was taken; and I -told him. Then he asked me where the physic bottle was? I shewed him the -two draughts. He took up one of the bottles and said, Is this it? Yes, -said I. He took it up, poured some water out of the water bottle, which -was just by, into the phial, shook it, and then emptied it out into some -dirty water which was in a wash-hand bason. - -Q. Did you make any observation upon that conduct? - -A. After he had thrown the contents of the first bottle into the -wash-hand bason of dirty water, I observed that he ought not to do that: -I said, What are you at? you should not meddle with the bottle. Upon -that he snatched up the other bottle, and poured water into it, and -shook it; then he put his finger to it, and tasted it. I said, What are -you about? you ought not to meddle with the bottles. Upon which he said, -I did it to taste it. - -Q. Had he tasted the first bottle? - -A. No. - - _Catharine Amos_ sworn. Examined by Mr. Geast. - -Q. Did you live at Lawford-hall at the time of the death of Sir -Theodosius Boughton? - -A. Yes. - -Q. In what capacity? - -A. I was cook. - -Q. Was you sent for by Lady Boughton? - -A. I was sent for to my lady, by the other maid, Sarah Blundell, who is -dead. I was called up stairs into that room where Sir Theodosius lay. - -Q. When you came into the room in what situation was Sir Theodosius -Boughton? - -A. He did not stir hand or foot, but frothed at his mouth. I wiped the -froth four or five times from his mouth. - -Q. Was the body motionless? - -A. The stomach heaved very much. - -Q. Was there any noise? - -A. He guggled at the throat. - -Q. Give an account of any other circumstances that you observed? - -A. I did not observe any thing more. - -Q. Where did you go to from thence? - -A. I went below stairs about my work. My work lay below stairs. - -Q. How long afterwards was it before you saw Mr. Donellan? - -A. It might be about a quarter of an hour. I saw him in the passage. Mr. -Donellan said, Sir Theodosius was out very late over night a fishing, -that it was very silly of him, as he had been taking such physick as he -had been taking of, before time. - -Q. That is before that time? - -A. Yes. - -Q. Did he give any reason why he had been out so late a fishing? - -A. No. - -Q. Did he say any thing more at that time? - -A. Not to the best of my knowledge. - -Q. Did you see Mr. Donellan the day that the body was opened? - -A. Yes. - -Q. What did Mr. Donellan say at that time? - -A. He said there was nothing the matter, that it was a blood-vessel had -broke which had occasioned Sir Theodosius’s death. - -Q. Did Mr. Donellan bring any thing to you at or about the time of Sir -Theodosius’s death? - -A. No. - -Q. At any time before his death? - -A. No, nothing at all. - -Q. Did he never bring you any thing for any purpose? - -A. No. - -Q. Was any thing brought to you by Mr. Donellan within a fortnight or -three weeks before the death of Sir Theodosius Boughton? - -A. No. - -_Counsel for the Prisoner to Lady Boughton._ Did Sir Theodosius Boughton -speak at all after he had taken the medicine? - -_Lady Boughton._ Not at all. - -_Mr. Geast to Catharine Amos._ You said you was cook maid? - -A. Yes. - -Q. Was the oven under your direction? - -A. Yes. - -Q. Was any thing brought to you at any time? - -A. Yes, a still. - -Q. Who brought it? - -A. Mr. Donellan. - -Q. When was it? - -A. Sometime after Sir Theodosius’s death. - -Q. How long after? - -A. To the best of my remembrance it might be a fortnight. - -Q. What was there in it? - -A. Nothing. It had been washed. He desired me to put it into the oven to -dry it, that it might not rust; I said if I put it in then it would -unsolder it, as it was made of tin. - - _Dr. Rattray_ sworn. Examined by Mr. Balguy. - -Q. You are, I believe, a Physician at Coventry? - -A. I am. - - * * * * * * * * - -Q. How soon after this was it that you was again sent for upon this -melancholy occasion? - -A. On the 9th of September; I think it was on a Saturday. - -Q. Who did you receive a message from at that time? - -A. I really do not know; I received a message by some strange -round-about way, in consequence of which I went, but I don’t know who -sent it. Mr. Wilmer and I went in company; we met Mr. Bucknill, Mr. -Powell, of Rugby, and Mr. Snow, of Southam; those were all the physical -people I believe. Mr. Bucknill opened the body. - -Q. Where did you meet at that time? - -A. In the church-yard at Newbold. - -Q. The body had then been interred? - -A. It had been in the vault at Newbold as I understood. - -Q. What passed at that time? - -A. We proceeded to the opening of the body as soon as we conveniently -could, and inspected as far as we were able the appearances of the body. - -Q. What were the material appearances that struck you at that time? - -A. The material appearances where, in the first place, the body appeared -upon a general view swoln or distended a good deal; the face of a round -figure extremely black, with the lips swelled and retracted and shewing -the gums; the teeth black except a small white speck on one of the fore -teeth; the tongue protruding beyond the fore teeth, and turning upwards -towards the nose; the blackness descended upon the throat, gradually -diminishing as it got towards the breast, and the body was spotted in -many parts but not very material. There was another circumstance which -for decency I have omitted, but if called upon I am ready to mention. - -_Mr. Balguy._ That circumstance is not at all material. I meant to ask -you merely to such appearances as were material. Were there any -appearances upon the body sufficient to cause or confirm an opinion you -may by and by give upon the subject? - -A. We proceeded to open the body, and in dissecting the skin the fat -appeared in a dissolving state a little watery; on getting into the -cavity of the belly the bowels in the lower belly seemed to put on the -appearance of inflammation. I choose to make use of the valgar term -_appearance_, in order to convey a general idea of the appearance things -in that state generally put on. - -Q. Was it so with the stomach too? - -A. Yes: the orifices of the stomach and the small arch of the stomach; -the heart upon opening the pericardium, the membrane which encloses it, -appeared to be in a natural state; the lungs appeared what I call -suffused with blood, looking red and spotted in many places with black -specks; and on the back part the blood had settled in a deep red colour, -almost approaching to purple; the diaphragm was in the same state, and -in general upon the depending surfaces of the body the blood was settled -in the like manner; the kidneys appeared black as tinder, and the liver -much in the same state. These I think are most of the appearances I need -mention upon the present occasion. - -Q. Have you heard the evidence of Mr. Powell, the apothecary? - -A. I have. - -Q. And have heard too the evidence of Lady Boughton? - -A. I have. - -Q. Now from the evidence of Mr. Powell and the evidence of Lady -Boughton, independent of appearances, for I would have you forget them -for the present instant; what was in your judgment the occasion of Sir -Theodosius Boughton’s death? - -A. Independent of the appearances of the body, I am of opinion that the -draught, in consequence of the symptoms which succeeded the swallowing -of it, as described by Lady Boughton, was poison; and the immediate -cause of his death. - -Q. Please to smell upon that bottle; what in your judgment is the -noxious medicine in that bottle? - -A. I know the liquid well; it is a distillation of laurel leaves, -commonly called laurel water. - -Q. You have heard Mr. Powell’s account of the mixture he prepared for -Sir Theodosius Boughton; was the mixture innocent and proper? - -A. In my opinion it was perfectly innocent. - -Q. You have said that in your judgment laurel water is contained in this -bottle? - -A. Yes. - -Q. Have you made any particular experiments upon the effects of laurel -water? - -A. I have several. - -Q. You will please to relate the particular experiments you have made, -and the appearances in consequence of those experiments? - -A. Mr. Wilmer and I made experiments together; our first experiment with -laurel water was upon a middle sized dog; I held his mouth open and -there was I believe nearly two ounces of laurel water poured down his -throat. I held the dog between my knees: in half a minute as nearly as I -can guess, he dropped dead to the ground without any motion, except a -tremulous motion once or twice of the lower jaw. The next animal on -which I tried the laurel water was likewise in company with Mr. Wilmer. -To an aged mare, we gave at repeated intervals out of an horn, I believe -about a pint and an half of laurel water In about two minutes she was -precipitated to the ground with her head under her, and then tumbled on -her back kicking violently; she afterwards lay without kicking but -seemed convulsed, her eyes rolling about, rearing up her head as if in -agonies, gulping at her stomach as if something lay there exceeding -offensive to her; and at that instant and during the whole time she -lived afterwards, heaving in the flanks in a most extraordinary manner, -and at the end of fifteen minutes she expired. After this in company -with Mr. Ewbank of Coventry, I gave to a cat about a spoonful of laurel -water which I had myself seen distilled; it was pale and limpid as pure -distilled waters, and seemed very weak. The cat though I believe she had -not half the quantity I intended she should have taken, died in three -minutes. - -Q. What quantity did you pour down the cat’s throat? - -A. About a spoonful, about half an ounce. At Southam, the beginning of -this week, I gave in presence of Mr. Snow, to another aged horse, about -a pint of laurel water, distilled by Mr. Snow. Upon his receiving into -his stomach the first horn full, which was a small one, no bigger than -we used in the former experiment, he dropped to the ground. - -_Court._ What was the quantity that horn held? - -A. I suppose three or four ounces. It was impossible to give the animal -the whole of it, full half was spilt. I conceived it to be very strong, -and desired Mr. Snow would give her no more at that time, in order to -try the strength of it. The horse dropped; he endeavoured to raise -himself up, but could rise no farther than by setting himself upon his -buttocks like a dog. I perceived he had entirely lost the use of his -hinder parts. We then gave him another horn full, which in its turn -knocked him down very soon, and at intervals we gave him several horns -full to the amount of above a pint in the whole, and at the end of -twenty-eight minutes he expired, violently convulsed, groaning, his -tongue lolling out of his mouth; and indeed the first horse’s tongue had -a very extraordinary appearance, for it darted backward and forward in -the manner of a dart, but this horse lolled his tongue out like a dog -when running. In both the horses the artery in the neck beat much, even -after the animal had ceased to breathe, except we call the motion of the -lower jaw, a kind of gasping, breathing. I saw all the bodies opened, -and in all of them there was a violent distention of the veinous system, -of the whole veins in the body, the stomach, bowels, lungs, and so on. -The veins were distended and full of blood, the lungs appeared red and -suffused. I said before that I did not use the term _inflammation_ in -any other way than to convey the vulgar idea the appearance of red -colour given to any part by blood. The lungs suffused with blood looking -very red, and in the first horse it was of the colour of a deep pink; -very different I conceive from the natural colour. - -Q. You have smelled to the bottle which has the laurel water in it, do -you know any smell in medicine that corresponds in smell with that -mixture? - -A. I do not know any medicine that smells like it. - -Q. Does the smell described by Lady Boughton, something like bitter -almonds, convey to you an idea of that mixture? - -A. It does, and I have given the laurel water to many people to smell -to, and they always described the smell to be something like bitter -almonds. I do not exactly know how they expressed themselves, but they -meant to say that. - -Q. In your judgment is the quantity that one of these bottles contains -of laurel water sufficient to take away life from any human creature? - -A. In my opinion it is. - -Q. I have now got your opinion upon the subject, independent of any -appearances you observed upon the body of Sir Theodosius Boughton. Now -are you from these appearances confirmed, or otherwise, in the opinion -you have given? - -A. Confirmed in it so far as upon viewing a body so long after the death -of the subject one can be allowed to form a judgment upon such -appearances. - - _Dr. Rattray._ Cross-examined by Mr. Newnham. - -Q. If I do not misunderstand you, Doctor, the last account you gave in -answer to the question, Whether you are confirmed in this opinion by the -appearance; you said Yes, so far as you might be allowed to form an -opinion viewing the body so long after the death of the subject? - -A. Yes; so far as we may be allowed to form a judgment upon appearances -so long after death. - -Q. By your putting it in that way, do you, or do you not mean to say -that all judgment upon such a subject, in such a case, is unfounded? - -A. I cannot say that, because from the analogy between the appearances -in that body, and those distinguishable in animals killed by the poison -I have just mentioned, I think them so much alike that I am rather -confirmed in my opinion with respect to the operation of the draught. - -Q. Those bodies were instantaneously opened? - -A. Yes, so much so that there was the peristaltick motion of the bowels -upon their being pricked. - -Q. This was upon the eleventh day after Sir Theodosius’s death? - -A. Yes. - -Q. What was the appearance of the body when you first went to Lawford -Hall? - -A. At the first time I saw the body, what I did see of it was, the face -was in the condition I have described, with a maggot crawling over its -surface, it was black as I have described, it was quite in the same -state; in short, I saw no difference the last day, excepting that the -maggot was not upon it then. - -Q. Were you or not offended by a violent stench as you approached the -dead body? - -A. We were. - -Q. Had not putrefaction considerably taken place? - -A. I believe it had. - -Q. Does not putrefaction increase very much in the space of five or six -days, in a hot summer? - -A. I should think it must certainly increase. - -Q. Was or not the body, in a very high state of putrefaction when you -saw it? - -A. Upon the shroud being removed, the body appeared to me much fairer -than I expected; I expected to have seen it in a very black putrified -state, but the external appearance was not quite so highly so, as I -expected. - -Q. You mentioned that the body was much swelled? - -A. It was swelled. - -Q. Appearing upon a gangrene, I suppose? - -A. It rather put on the appearance of gangrene. - -Q. I understand you have set your name to a description of certain -appearances that met your eye when you examined the body—I mean your -examination? - -A. I have undoubtedly. - -Q. Did you, or did you not, concur with Mr. Wilmer as to the appearances -of the body? - -A. In general we did. - -Q. You set your name to that examination? - -A. I did not set my name to any thing but my own examination. - -Q. Wherein the appearances are particularly described? - -A. They are not particularly described, there is something said about -the stomach and bowels. - -Q. For what purpose then did you attend there? - -A. I did not know that it was necessary before a coroner’s jury to enter -into the particulars; I was quite a novice in the business. - -Q. Do you mean a novice in the mode of dissection. - -A. No, in the business before a coroner. - -Q. Did the account you set your name to, contain a true description of -the appearances that met your eye upon the occasion? - -A. So far as they went it did. - -Q. Did you ever hear or know of any poison whatever occasioning any -immediate external appearances on the human body? - -A. No, no immediate external appearances in the case of vegetable -poisons, except what I have heard, but they have not fallen under my own -knowledge. - -Q. So far for the external appearance. Now I shall be glad to know -whether all the appearances you speak of in the face, the protuberance -of the tongue, and the lips being swelled and retracted, whether those -are not all signs of putrefaction? - -A. I really don’t know that they are. - -Q. I do not mean to give you any offence, but I beg leave to ask whether -you have been much used to anatomical dissection? - -A. I have been as far as persons not particularly intended for -anatomical pursuits—I am not a professor of anatomy. - -Q. Did you ever attend the dissection of a human body that was poisoned, -or suspected to have been poisoned? - -A. Never. - -Q. From the external appearances of the different parts of the body you -draw no kind of conclusion or inference, and form no opinion? - -A. No, I don’t form any strong opinion from them. - -Q. How were the appearances when the cavity of the abdomen was opened? - -A. I have described them in general. - -Q. Not being an anatomical man it has slipped my memory, will you please -to repeat it? - -A. I believe I did not before mention the omentum or caul, that was -suffused with blood of a brownish red, the stomach and bowels appeared -in general red, which is vulgarly called an inflammation. - -Q. Might not that be owing to a transfusion of the blood? - -_Dr. Rattray._ From what cause? - -_Mr. Newnham._ From putrefaction. - -_Dr. Rattray._ Do you, by a transfusion of the blood, mean the passage -of the blood from the arteries into the veins? - -_Mr. Newnham._ Yes. - -_Dr. Rattray._ I cannot think it could arise from putrefaction. - -Q. That is your opinion? - -A. It is. - -Q. Did you look at the stomach? - -A. Yes. - -Q. As Sir Theodosius Boughton is represented to have died in a few -minutes after taking this medicine, did you with correctness and -attention examine the stomach? - -A. The contents of the stomach were about a spoonful and an half, or a -couple of ounces of a slimy reddish liquor, which I rubbed between my -finger and thumb, and it contained no gritty substance that I could -perceive. - -Q. Is it not usual to find some such quantity of liquor in the stomach? - -A. The stomach after death must contain something more or less according -to different circumstances. - -Q. You said the stomach and the orifice of it and the small arch of it -bore the appearance of inflammation; pray is not inflammation and -appearance of inflammation much the same thing. - -A. All that I have to say upon the present business is I perhaps don’t -know the cause of inflammation; but there is an appearance of -inflammation upon the stomach and bowels, owing to an injection of blood -into the veinous system, the veins being full of blood, put on a red -appearance. - -Q. If you will not take upon you to say what is the cause, what are the -signs of inflammation? - -A. An appearance of redness, sometimes but not always attended with -pain, and sometimes throbbing. - -Q. Did you pursue your search through the bowels? - -A. No; I cannot say I did, nor did I think it in my power. - -Q. How far did you pursue your search in the stomach? - -A. We examined the contents of the stomach; we took the stomach out, but -in taking it out a great part of the contents issued out of the bowels -next to it; and the smell was so offensive I did not choose to enter -into that matter. - -Q. Whether a pursuit or enquiry, from an inspection through the bowels, -was not as likely to have led to a discovery of the cause of the death, -as any other part of the body which you did examine? - -A. I do not believe a pursuit through the whole extent of the bowels -could have led to any discovery in these circumstances. - -Q. Are not the bowels the seat of poison? - -A. When it passes in there, no doubt it affects the bowels. - -Q. Then why did you not examine into the contents of the bowels? - -A. I did not think it in the power of any one to examine into the -contents of the bowels; their contents being so strong and disagreeable. - -Q. Whether you do not form your judgment upon the appearances? - -A. Not altogether; they corroborate my opinion upon the effect of the -draught. - -Q. Did you or did you not know the contents of the draught Mr. Powell -had prepared when you was examined before the coroner? - -A. Yes; I did. - -Q. And you knew from the account given you how long Sir Theodosius -Boughton lived after he took that draught? - -A. I took my information from Lady Boughton. - -Q. Then whether many reasons have not occurred, subsequent to that time, -considerably, to induce you to form your judgment that he died of -arsenick? - -A. Not subsequent to that time; at that time I did think he died of -arsenick; but I am now clear that I was then mistaken. - -Q. Why may you not be mistaken now? - -A. I cannot conceive that in these circumstances any one can be mistaken -as to the medicine; from the sensible qualities described by Lady -Boughton, I believe it to be of that nature. - -Q. Did not you know at that time the symptoms described by Lady -Boughton? - -A. I did. - -Q. Then was not your judgment at that time as ripe for information as it -is now? - -A. It is now since I have received the information. - -Q. Whether you did not, after you heard Lady Boughton describe the -symptoms, and after you saw the body opened, give it as your opinion -that he died of arsenick? - -A. I have had such an opinion. - -Q. And have declared so? - -A. I did. - -Q. Was there or was there not a large quantity of extravasated blood in -the thorax? - -A. On each side the lungs there was. - -Q. About what quantity? - -A. I think not quite a pint on each side the right and left lobe of the -lungs. - -Q. Would not the rupture of a blood vessel occasion death? - -A. The rupture of a blood vessel undoubtedly would have occasioned -death; but it would not in my apprehension have been attended with the -same appearances. - -Q. Might not a blood vessel in an effort to reach be broken? - -A. I should conceive, that if, in an effort to reach, a blood vessel of -that magnitude had ruptured that he must have died immediately without -convulsions. - -Q. But supposing a person recovering from convulsions, for he is stated -to be inclined to sleep? - -A. It is a case I am not supposing probable. - -Q. Is it possible? - -A. Every thing is possible under God. - -Q. Did you never hear of any person dying of an epilepsy or of an -apoplexy with symptoms like those, being in convulsions? - -A. I do not think the symptoms described as having taken place in Sir -Theodosius Boughton are like to an epilepsy. - -Q. Nor an apoplexy? - -A. They were entirely in my opinion the effects of the draught. - -Q. Might not an epilepsy or an apoplexy be accompanied with those -symptoms? - -A. I never saw either of them attended with an heaving at the stomach. - -Q. When respiration grows feeble; is it not a common case that the -muscles of the throat are very much relaxed? - -A. All the effects that succeeded the draught I believe were the -consequences of it; and if the muscles were relaxed or foam proceeded -from the mouth, they were in consequence of it. - -Q. Is it not commonly the case with persons who die of almost every -disorder? - -A. Very often. - -Q. Are not the muscles of the throat instrumental in respiration? - -A. So far as to the passage of the air in and out. - -Q. Is it not a very common appearance a few minutes before death, when -respiration grows feeble for froth to issue from the mouth? - -A. No, not commonly. I have seen it in epilepsies. - -Q. What was your reason for supposing at one time that the deceased died -of arsenick? - -A. Every man is mistaken now and then in his opinion, and that was my -case; I am not ashamed to own a mistake. - -Q. Have you been very nice in your experiments; for instance, in the -conveying the laurel-water into the animals? - -A. If there was any want of nicety the subject had less of it than I -intended. - -Q. When an animal, suppose a dog or cat, is striving to refuse a draught -you are forcing into its mouth, whether it is not common for some part -of the liquor to get into the lungs? - -A. If it did it would make it cough, but be attended with no bad -consequences unless it was poison. - -Q. Did you ever convey poison immediately into the stomach? - -_Dr. Rattray._ Do you mean by perforation through the ribs? - -_Mr. Newnham._ Yes. - -_Dr. Rattray._ I never have. - -Q. Did you ever convey any into the veins of an animal? - -A. I never have. - -Q. Did you observe or smell that liquor which came out of the stomach? - -A. I could not avoid smelling it. - -Q. Had it the same offensive smell? - -A. It in general had; one could not expect any smell but partaking of -that general putrefaction of the body; but I had a particular taste in -my mouth at that time, a kind of biting acrimony upon my tongue. And I -have in all the experiments I have made with laurel-water, always had -the same taste, from breathing over the water, a biting upon my tongue, -and sometimes a bitter taste upon the upper part of the fauces. - -Q. Did you impute it to that cause then? - -A. No, I imputed it to the volatile salts escaping the body. - -Q. Were not the volatile salts likely to occasion that? - -A. No. I complained to Mr. Wilmer, “I have a very odd taste in my mouth, -my gums bleed.” - -Q. You attributed it to the volatility of the salts? - -A. At that time I could not account for it, but in my experiments -afterwards with the laurel-water, the effluvia of it has constantly and -uniformly produced the same kind of taste; there is a very volatile oil -in it I am confident. - -Q. Do not you understand that there cannot be any information at all -obtained in consequence of dissecting animals which have been destroyed -by laurel-water? - -A. I do not think that the operation of these sort of substances upon -the inside of the stomach produce any violent appearances of redness, -but in most of the animals I have seen there has been small red spots -inside, of the size of a shilling perhaps, but the effect in the trials -I have made has been a driving the blood from the part of the body where -it should be. I believe the effect of the poison is to empty the -arteries in general, and push the blood into the veins; that is my -opinion at present, so far as I have gone into the matter. - -Q. But you was mistaken at first relative to forming an opinion that the -death was occasioned by arsenick? - -A. Yes. - -_Mr. Balguy._ You say that when the shroud came to be taken off the body -you found the body less offensive than you had expected? - -A. Less black. - -Q. When you first saw the body on the 4th of September, did you or not -take the shroud off? - -A. We did not. - -Q. You saw nothing but the face? - -A. Nothing but the face. - -Q. If at that time Captain Donellan had insinuated to you any suspicion -of poison, whether you would or not have taken the shroud from the body? - -A. I verily believe, had I known the tendency of the enquiry, I should -have sat there for a month rather than have left the body unopened. - -Q. Should you at that time if the suspicion had been disclosed have -proceeded to open the body? - -A. I should have attended the opening of it. - -_Mr. Newnham._ I understand you to say that when the body was opened, -the external appearances did not contribute in any way to your forming a -judgment one way or other? - -A. Nobody would attempt to form a judgment upon the external appearances -altogether. - - Mr. _Bradford Wilmer_ sworn. Examined by Mr. Wheeler. - -Q. You was sent for to Lawford-hall at the same time Dr. Rattray was? - -A. I was; I went there with Dr. Rattray. - -Q. When first you came there did you see Captain Donellan? - -A. I did. He desired us to walk into the parlour; after we had had some -refreshment we were told that the coffin was unsoldered, and we were -desired to walk up stairs. - -Q. Was any thing said to you at that time as to the means by which Sir -Theodosius Boughton had died? - -A. Not the least in the world. - -Q. Nothing said of poison? - -A. I never heard a word of poison. - -Q. When you did go up stairs, what part did you see of the corpse? - -A. Only the face. - -Q. We have learned from Dr. Rattray that you did not proceed any -farther, how happened that? - -A. The body was so extremely putrid, that I declared my opinion to Dr. -Rattray that the proposed enquiry could give no sort of information. - -Q. Supposing it had been communicated to you that Sir Theodosius -Boughton had died by poison, should you have been satisfied without -opening it? - -A. I should then have opened the body at all events. - -Q. You did not then open the body? - -A. I certainly did not. - -Q. You afterwards did open it at the time Dr. Rattray has spoken of? - -A. I was present at the opening of the body, by Mr. Bucknill. - -Q. Have you been employed in any experiments with Dr. Rattray? - -A. I have. - -Q. Without going into every particular of Dr. Rattray’s account, do you -and he concur in general as to the effect of that medicine? - -A. I wish you would be more particular in that question. - -Q. Do you agree with Dr. Rattray in what he has said respecting those -experiments at which you was present? - -A. I do in general; but as Dr. Rattray has not described the appearances -which were visible upon the dissection of the horse, with your -lordship’s permission I will read my minutes. “On the 20th of March, one -ounce of the laurel water was given to a young greyhound; while Dr. -Rattray held the mouth open, I poured the water into the dog’s throat; -as soon as it was swallowed the Doctor released its head to observe the -effects of the poison, when, to our great surprise, he fell down upon -his side, and without the least struggle or any perceptible motion -(except what the doctor has explained about the dropping of the lower -jaw) expired. On the 22d of March, in the presence of Sir William -Wheeler, a pint and a quarter of laurel-water was given to a mare aged -twenty-eight years. Within a minute from the time it was swallowed she -seemed affected; her flanks were observed to heave much, and a trembling -seized her limbs; in two minutes she suddenly fell down upon her head, -and in a short time after was very violently convulsed; the convulsions -continued about five minutes, at the expiration of which time, she laid -still, but her breathing was very quick and laborious, and her eyes much -affected with spasms. At this time four ounces more of the water were -given her, after which she seemed much weaker, but without any more -return of convulsions, and in about fifteen minutes from the time of her -first seizure, she expired.” - -Q. After her first convulsion she was quieter? - -A. She was. “Upon opening the abdomen, a strong smell of laurel-water -was perceptible; the colon, one of the large intestines, was not altered -from its usual appearance, but the small intestines appeared of a purple -colour, and the veins were much distended with blood; the stomach -contained some hay mixed with laurel water; its internal surface was not -inflamed, except in a small degree near the lower orifice of the -stomach; the lungs appeared remarkably full of blood; the small vessels -upon their surface being as visible as if they had been injected with -red wax.” - -Q. Whether you in general concur in sentiments with Dr. Rattray, as to -the effect of laurel-water? - -_Mr. Wilmer._ Do you mean upon the human body, or upon brutes? - -_Mr. Wheeler._ Upon both. - -A. It has in four instances been fatal in the human body; I do not know -it of my own knowledge, but from my reading. - -Q. Have you any doubt of its being fatal? - -A. Not the least in the world. - -Q. Now do you apprehend the quantity contained in that bottle is -sufficient to take away life? - -A. I imagine one bottle of that size full of laurel-water, would be -sufficient to kill in half an hour’s time any man in this court. - - - Mr. _Bradford Wilmer_. Cross-examined by Mr. Green. - -Q. Were there any symptoms in this case peculiarly different from the -symptoms attending a case of epilepsy or apoplexy? - -A. The appearance of the body in the putrid state in which it was when I -had an opportunity of observing it, could give me no information to form -an opinion upon respecting the cause of the death. - -Q. Have you had any opportunities in your own experience of observing -epilepsies? - -A. I have. They are of two kinds, either primary or symptomatick. It -happens sometimes that without the least previous notice, a man in the -most perfect state of health, in the midst of pleasure or engaged in -business, as Suetonius says of Julius Cæsar, may in a moment, be seized -with the epilepsy, his senses will leave him, he will fall down, be -convulsed, foam at the mouth, his tongue will be black, and he either -may die or recover. As to the symptomatick epilepsy, I can speak from -experience: a patient of mine had a violent pain and tumour in his -finger; as soon as the pain, which gradually went up his arm, reached -his arm-pit, he fell down epileptick, and convulsed. But if previous to -an epilepsy, the patient heave very much at the stomach, and shew signs -of sickness, I should conclude the cause of that epilepsy was in the -stomach. - -Q. Epilepsies proceed from various causes? - -A. Numerous causes. - -Q. Will not the loss of blood occasion an epilepsy? - -A. I believe not. - -Q. What quantity of blood was there in the stomach? - -A. I did not measure it; I conclude about two pints; it lodged in the -cavity of the thorax. - -Q. Might not that occasion convulsions? - -A. I do not know; but if I might be allowed to reason from analogy, I -should conclude it would, for in all slaughtered animals, when the blood -runs out from them in a full stream, they lie quiet, but they never die -without convulsions. The loss of blood will evidently occasion -convulsions. - -_Mr. Wheeler._ From the appearances of the body, and after the evidence -you have heard given both by Lady Boughton and the other witnesses, what -do you attribute this gentleman’s death to? - -A. After having heard Lady Boughton’s evidence, and therefore being -acquainted with the symptoms which preceded the death of Sir Theodosius -Boughton, I am clearly of opinion that his death was occasioned by a -poisonous draught administered to him by Lady Boughton on the morning of -his death. - -_Court._ Is the heaving in the stomach or the belly a circumstance which -attends an epilepsy? - -A. It is not. - - _Dr. Ashe_ sworn. Examined by Mr. Geast. - -Q. You are a Physician and live at Birmingham? - -A. Yes. - -Q. You have heard the evidence that has been given? - -A. I have. - -Q. What in your judgment was the cause of the death of Sir Theodosius -Boughton? - -A. I think he died in consequence of taking that draught, after the -taking of which he was seized in so extraordinary a manner. - -Q. Mention the particular reasons you have for thinking so? - -A. It does not appear, from any part of the evidence that has been this -day given, that the late Sir Theodosius had any disease upon him of a -nature either likely or in a degree sufficient to produce those violent -consequences which happened to him, neither do I know in nature any -medicine, properly so called, which administered in any dose, and in any -form, could possibly produce the same effects. I know nothing but a -poison speedy in its operation that could be attended with such terrible -consequences: As to the appearances of the body upon dissection they -were certainly, as far as could be collected at that distant period from -the time of the death, and in such hot weather, similar to those -appearances which are found in the bodies of animals that are killed by -poisons collected from vegetable substances, not from mineral ones. - -Q. Will you please to look at that phial? - -A. The vehicle of it is laurel-water. - -Q. Would that quantity be sufficient to cause death? - -A. I do not know how this is distilled, or how firm it may be, but I -know it may be made in this quantity to destroy animal life in a few -seconds. I do not know who distilled this, but I have made it frequently -myself, and in such a degree of strength as to destroy animal life in a -few seconds; if it is distilled enough to collect the essential oil, a -tea-spoonful of it would destroy animal life in a few seconds. - -_Court._ If it was made on purpose? - -A. Certainly; I dare say as strong a poison might be made from bitter -almonds as that. - -Q. Do you or not, from the evidence you have heard, believe Sir -Theodosius Boughton died of poison? - -A. I do. - -_Court._ You are not to give your opinion from the evidence in general, -but upon the symptoms those witnesses have described? - -A. By the symptoms those evidences have described, I am of opinion that -Sir Theodosius Boughton died of poison. - - - _Dr. Parsons_ sworn. Examined by Mr. Howorth. - -Q. You are I believe professor of anatomy in the university of Oxford? - -A. I am. - -Q. You have heard the symptoms attending the death of Sir Theodosius -Boughton described by the witnesses produced to-day? - -A. I have. - -Q. What in your judgment occasioned the death of Sir Theodosius -Boughton? - -A. From the description of the state of the young Baronet’s health, -previous to his taking the second dose, which was supposed to be similar -to that which he had taken two or three days before, and from the -violent nervous symptoms that immediately followed the taking thereof, -it is my opinion that he died in consequence of taking the second dose; -which instead of being a composition of jalap and rhubarb only, proved -to contain a poison, and of what nature that poison was, appears -sufficiently from the description that Lady Boughton gives of its smell -when she poured it out in order to give it to her son; her ladyship said -it smelt like the taste of bitter almonds, which particularly -characterises the smell of laurel-water. Perhaps it may not be improper -to produce some laurel-water for the jury to smell at, that they may -judge how well it agrees with the description that Lady Boughton has -given of the supposed physick. The violent nervous symptoms that came on -subsequent to his taking the second dose took place so soon, and were so -different from what attended the taking of the first, that undoubtedly -they were caused by something it had in it very different from the -contents of the first, much more active, and as it proved more -deleterious. Jalap sometimes disagrees with the stomach and may produce -sickness, but with respect to Sir Theodosius Boughton this medicine did -not create any sickness when given the first time. - -_Court._ Could all the ingredients in the medicine mentioned by Mr. -Powell produce in Sir Theodosius Boughton the effects described? - -A. No; I apprehend they could not; and as a proof of it, they did not -produce any such effects in the first instance, or dose. - -Q. Are the symptoms which have been described by Lady Boughton such as -would attend an epilepsy, or is there any and what difference? - -A. The epilepsy is distinguished by a total abolition of sense, but an -increase of motion in several of the muscles, so that the patient will -appear much convulsed, and seems to see and hear every thing that is -said and done, and to observe whatever is passing; yet when the fit goes -off he has no knowledge or recollection of what has happened. Apoplexy -is a sudden privation of all the powers of sense, and voluntary motion: -the person affected seeming to be in a profound sleep, accompanied with -considerable noise in breathing. As so little therefore is said of -convulsions as a part of Sir Theodosius’s symptoms, the state in which -he lay seems to have been more of the apoplectick kind than epileptick. - -Q. It has been described by Lady Boughton that soon after taking this -draught the stomach heaved very much, and a noise could be perceived as -issuing from it; now is that in your judgment to be attributed to either -epilepsy or apoplexy, or the effect of the medicine? - -A. The effects of the medicine I think undoubtedly, and not spontaneous -epilepsy or apoplexy; it is very immaterial whether you call the -symptoms epileptick or apoplectick; for which ever they resembled most I -consider them but as symptomatick. - -Q. Was the heaving of the stomach the effect of apoplexy or epilepsy, or -of this draught? - -A. No doubt, I think the draught was the cause, especially as -laurel-water, which the draught seems to have contained from its -peculiar smell, will produce similar effects. - -Q. Then your judgment is, that the fatal effects were produced by the -medicine thus taken? - -A. I think there can be no doubt of that as they commenced almost as -soon as he swallowed the draught; and a mixture such as he is supposed -to have taken, is known to have the power of producing them. - -Q. And from your knowledge of the effects produced by laurel water, your -opinion is that laurel-water was the poison thus administered to Sir -Theodosius Boughton? - -A. It is. Dr. Rutty relates a case of a girl of eighteen years of age -and in perfect health, who took a quantity, less than two spoons full of -the first runnings of simple water of laurel leaves; whereupon within -half a minute she fell down, was convulsed, foamed at the mouth, and -died in a short time. - -Q. Could those effects be produced (speak from your own judgment) by -laurel-water? - -A. I have no doubt of it. Dogs and other quadrupeds (as we are informed) -that take it, fall immediately into totterings and convulsions of the -limbs, which are presently followed by a total paralysis; these -convulsions, with some additional circumstances, as foaming at the mouth -and loss of sense, constitute the epilepsy which is described among the -effects of vegetable poisons. - - Dr. _Parsons_ cross-examined by Mr. Newnham. - -Q. From the appearances of health in Sir Theodosius Boughton, and from -the medicine not having occasioned any bad symptoms before, you conclude -his death was occasioned by some other medicine substituted instead of -that or in addition to it? - -A. Most certainly; especially as the smell of it bespoke its having -received the addition of a very poisonous ingredient. - -Q. Have you never known instances of persons being taken suddenly when -engaged in pleasure or business, or at dinner, dying convulsed, -epileptick, or apoplectick? - -A. I have; but those who die suddenly of apoplexy are generally persons -of a full habit; and who are neither so thin nor so young as Sir -Theodosius Boughton. - -Q. Have you never known instances of persons of a thin habit being -attacked by an apoplexy or an epilepsy? - -A. By epilepsy they may. - -Q. Have you never heard of a person having the appearance of perfect -health being seized with an epilepsy without any primary cause giving -any warning, have you never heard of people in perfect health being -seized with an epilepsy or apoplexy? - -A. Yes; apoplexy proceeding from repletion or the sudden bursting of a -blood-vessel; epilepsy may proceed from a variety of causes partial or -general, in the head or elsewhere; but very seldom I believe proves so -suddenly fatal. - -Q. Might not those have happened to Sir Theodosius Boughton? - -A. There can be no doubt of the possibility of their attacking him, but -I think there is no reason to go so far for a cause as to _possibility_, -when this medicine as all the world knows will effect it. - -Q. That is assuming as a fact that he took two ounces of laurel-water? - -A. A much less quantity would be sufficient for the purpose, if we may -credit Dr. Rutty’s account. - -Q. You collect that from the similarity of the smell? - -A. We have nothing else to judge from but the similarity of the smell. - -Q. Is not that the case with a variety of things; will not black -cherry-water have that smell? - -A. Black cherry-water is said to have the same smell, but it is now out -of use; I don’t suppose there is an apothecary in the island who has it, -and therefore it could not be substituted by accident for the other -vehicle. - -Q. Will not bitter almonds have that smell? - -A. Yes; and spirits flavoured with them are said to be poisonous to the -human species. - -Q. You ground your opinion upon the description of its smell by Lady -Boughton? - -A. Yes; we can ground our opinion upon nothing else but that and the -subsequent effects. - - _Mr. John Hunter_ sworn; examined by Mr. Newnham. - -Q. Have you heard the evidence that has been given by these gentlemen? - -A. I have been present the whole time. - -Q. Did you hear Lady Boughton’s evidence? - -A. I heard the whole. - -Q. Did you attend to the symptoms her ladyship described, as appearing -upon Sir Theodosius Boughton, after the medicine was given him? - -A. I did. - -Q. Can any certain inference upon physical or chirurgical principles be -drawn from those symptoms, or from the appearances externally or -internally of the body, to enable you, in your judgment to decide, that -the death was occasioned by poison? - -A. I was in London then, a gentleman who is in Court waited upon me with -a copy of the examination of Mr. Powell and Lady Boughton, and on -account of the dissection, and the physical gentlemen’s opinion upon -that dissection. - -Q. I don’t wish to go into that, I put my question in a general way? - -A. The whole appearances upon the dissection, explain nothing but -putrefaction. - -Q. You have been long in the habit of dissecting human subjects? I -presume you have dissected more than any man in Europe? - -A. I have dissected some thousands during these thirty-three years. - -Q. Are those appearances you have heard described, such in your -judgment, as are the result of putrefaction in dead subjects? - -A. Entirely. - -Q. Are the symptoms that appeared after the medicine was given, such as -necessarily conclude that the person had taken poison? - -A. Certainly not. - -Q. If an apoplexy had come on, would not the symptoms have been nearly -or somewhat similar? - -A. Very much the same. - -Q. Have you ever known or heard of a young subject dying of an -apoplectic or epileptic fit? - -A. Certainly; but with regard to the apoplexy not so frequent, young -subjects will perhaps die more frequently of epilepsies than old ones; -children are dying every day from teething, which is a species of -epilepsy arising from an irritation. - -Q. Did you ever in your practice, know an instance of laurel-water being -given to a human subject? - -A. No, never. - -Q. Is any certain analogy to be drawn from the effects of any species of -poison upon an animal of the brute creation, to that it may have upon a -human subject? - -A. As far as my experience goes, which is not a very confined one, -because I have poisoned some thousands of animals, they are very nearly -the same, opium for instance will poison a dog similar to a man; arsenic -will have very near the same effect upon a dog, as it would have, I take -it for granted, upon a man; I know something of the effects of them, and -I believe their operations will be nearly similar. - -Q, Are there not many things which kill animals almost instantaneously, -that will have no detrimental or noxious effect upon a human subject; -spirits, for instance, occur to me? - -A. I apprehend a great deal depends upon the mode of experiment; no man -is fit to make one, but those who have made many, and paid considerable -attention to all the circumstances that relate to experiments, it is a -common experiment which I believe seldom fails, and it is in the mouth -of every body, that a little brandy will kill a cat: I have made the -experiment, and have killed several cats, but it is a false experiment; -in all those cases where it kills the cat, it kills the cat by getting -into her lungs, not into her stomach, because, if you convey the same -quantity of brandy, or three times as much into the stomach, in such a -way as the lungs shall not be affected, the cat will not die; now in -those experiments that are made by forcing an animal to drink, there are -two operations going on, one is a refusing the liquor, by the animal, -its kicking and working with its throat, to refuse it, the other is a -forcing the liquor upon the animal, and there are very few operations of -that kind, but some of the liquor gets into the lungs. I have known it -from experience. - -Q. If you had been called upon to dissect a body, suspected to have died -of poison, should you or not have thought it necessary to have pursued -your search through the guts? - -A. Certainly. - -Q. Do you not apprehend that you would have been more likely to receive -information from thence than any other part of the frame? - -A. That is the track of the poison, and I should certainly have followed -that track through. - -Q. You have heard of the froth issuing from Sir Theodosius’s mouth, a -minute or two before he died, is that peculiar to a man dying of poison, -or is it not very common in many other complaints? - -A. I fancy it is a general effect, of people dying in what you may call -health, in an apoplexy, or epilepsy, in all sudden deaths, where the -person was a moment before that in perfect health. - -Q. Have you ever had an opportunity of seeing such appearances upon such -subjects? - -A. Hundreds of times. - -Q. Should you consider yourself bound, by such an appearance, to impute -the death of the subject to poison? - -A. No, certainly not; I should rather suspect an apoplexy, and I wish in -this case, the head had been opened to remove all doubts. - -Q. If the head had been opened, do you apprehend all doubts would have -been removed? - -A. It would have been still farther removed, because, although the body -was putrid, so that one could not tell whether it was a recent -inflammation, yet an apoplexy arises from an extravasation of blood in -the brain, which would have laid in a coagulum. I apprehend although the -body was putrid, that would have been much more visible than the effect -any poison could have had upon the stomach or intestines. - -Q. Then in your judgment upon the appearances the gentlemen have -described no inference can be drawn from thence that Sir Theodosius -Boughton died of poison? - -A. Certainly not; it does not give the least suspicion. - - _Mr. John Hunter_ Cross-examined by _Mr. Howorth_. - -Q. Having heard the account to-day that Sir Theodosius Boughton, -apparently in perfect health, had swallowed a draught which had produced -the symptoms described, I ask you whether any reasonable man can -entertain a doubt that that draught whatever it was produced those -appearances? - -A. I don’t know well what answer to make to that question. - -Q. Having heard the account given of the health of this young gentleman -on that morning, previous to taking the draught, and the symptoms that -were produced immediately upon taking the draught, I ask your opinion as -a man of judgment, whether you don’t think that draught was the occasion -of his death? - -A. With regard to his being in health, that explains nothing; we -frequently, and indeed generally see the healthiest people dying -suddenly, therefore I shall lay little stress upon that; as to the -circumstances of the draught, I own they are suspicious, every man is -just as good a judge as I am. - -Court. You are to give your opinion upon the symptoms only, not upon any -other evidence given. - -_Mr. Howorth._ Upon the symptoms immediately produced, after the -swallowing of that draught, I ask whether, in your judgment and opinion, -that draught did not occasion his death? A. I can only say, that it is a -circumstance in favour of such an opinion. - -Court. That the draught was the occasion of his death? A. No; because -the symptoms afterwards are those of a man dying, who was before in -perfect health; a man dying of an epilepsy or apoplexy, the symptoms -would give one those general ideas. - -Court. It is the general idea you are asked about now, from the symptoms -which appeared upon Sir Theodosius Boughton immediately after he took -the draught followed by his death so very soon after; whether, upon that -part of the case, you are of opinion that the draught was the occasion -of his death? A. If I knew the draught was poison, I should say, most -probably, that the symptoms arose from that; but when, I don’t know that -that draught was poison, when I consider that a number of other things -might occasion his death, I cannot answer positively to it. - -Court. You recollect the circumstance that was mentioned of a violent -heaving in the stomach? A. All that is the effect of the voluntary -action being lost, and nothing going on but the involuntary. - -_Mr. Howorth._ Then you decline giving any opinion upon the subject? A. -I don’t form any opinion to myself; I cannot form an opinion because I -can conceive if he had taken a draught of poison it arose from that; I -can conceive it might arise from other causes. - -Q. If you are at all acquainted with the effects and operations of -distilled laurel-water, whether the having swallowed a draught of that, -would not have produced the symptom described? A. I should suppose it -would; I can only say this of the experiments I have made of -laurel-water upon animals, it has not been near so quick; I have -injected laurel-water directly into the blood of dogs, and they have not -died; I have thrown laurel-water, with a precaution, into the stomach, -and it never produced so quick an effect with me, as described by those -gentlemen. - -Q. But you admit that laurel-water would have produced symptoms such as -have been described? A. I can conceive it might. - -_Mr. Newnham._ Would not an apoplexy or an epilepsy, if it had seized -Sir Theodosius Boughton at this time, though he had taken no physic at -all, have produced similar symptoms too? A. Certainly. - -Q. Where a father has died of an apoplexy, is not that understood, in -some measure, to be constitutional? A. There is no disease whatever, -that becomes constitutional, but what can be given to a child. There is -no disease which is acquired, that can be given to a child; but whatever -is constitutional in the father, the father has a power of giving that -to the children; by which means it becomes what is called hereditary; -there is no such thing as an hereditary disease; but there is an -hereditary disposition for a disease. - -_Mr. Howorth._ Do you call apoplexy constitutional? - -A. We see most diseases are constitutional; the small-pox is -constitutional, though it requires an immediate cause to produce the -effects. The venereal disease is hereditary. I conceive apoplexy as much -constitutional as any disease whatever. - -Q. Is apoplexy likely to attack a thin young man who had been in a -course of taking cooling medicines before? A. Not so likely, surely, as -another man; but I have, in my account of dissections, two young women -dying of apoplexies. - -Q. But in such an habit of body, particularly attended with the -circumstance of having taken cooling medicines, it was very unlikely to -happen? A. I do not know the nature of medicines so well as to know that -it would hinder an apoplexy from taking effect. - -Court. Give me your opinion in the best manner you can, one way or the -other, whether upon the whole of the symptoms described, the death -proceeded from that medicine, or any other cause? A. I do not mean to -equivocate, but when I tell the sentiments of my own mind, what I feel -at the time, I can give nothing decisive. - - - - - Extracts from the Evidence delivered on the Trial of _Robert Sawle - Donnall_, Surgeon and Apothecary, for the wilful Murder, by Poison, of - his Mother-in-Law, Mrs. _Elizabeth Downing_, Widow, at the Assize at - Launceston, March 31, 1817. - - - (_Taken in short-hand by Alexander Fraser._) - - ------- - - EVIDENCE FOR THE CROWN. - - _Dr. Richard Edwards_ (examined by Mr. Sergt. Lens). - -You are a physician, resident at Falmouth?—I am. - -How many years have you been in the profession?—About sixteen years. - -Do you recollect being called in, as a physician, to attend Mrs. -Elizabeth Downing upon the 3rd of November?—Yes, Sir; I was called in -between four and five o’clock on the Monday morning. - -Were you in the habit of attending her?—Once before, at a distant -period. - -Several months before?—More than that. - -When you came there, and when you were introduced into the room in which -she was, what state did you find her in?—I was let into the house by Mr. -Donnall; I went into the back room and asked him some questions as to -Mrs. Downing’s illness, and he informed me she had an attack of Cholera -Morbus. - -Did any thing more pass that was material, before you went into the room -where she was?—He told me she had a similar attack a fortnight before. - -Did any further communication take place?—I asked him how long she had -been ill, and he said she was taken ill the evening before. - -Did any thing more pass?—Mr. Donnall told me that she had been at church -twice that Sunday. - -Did you then proceed into the room, or did any thing more pass?—Nothing -more passed. - -When you went into her room, she was in bed?—Yes, Sir, she was; I asked -some questions of her attendants, before I spoke to Mrs. Downing; she -required some rousing before she could answer questions. - -Were you able to rouse her?—Yes, Sir. - -Do you recollect any thing particular, as to her situation?—I asked her -if she felt any pain, and she said she felt heat in her stomach, and -also cramp in her legs; I then felt her pulse, and found it a frequent -fluttering pulse. I then went down into the parlour again with Mr. -Donnell, and wrote a prescription. - -Did you make any further inquiries about the state of her body before -you wrote the prescription?—I asked some questions of Mr. Donnall as to -the state of her stomach and bowels, and he said that she had violent -sickness, and that her bowels were very much relaxed. - -After this you wrote the prescription?—Yes, Sir. - -Did you at that time form, or could you form, any judgment of her -danger, or that it was likely she would recover?—I found that she was in -very great danger. - -You had been apprised that she had symptoms of Cholera Morbus; did you -observe any thing of that kind?—No; at that time she had no sickness. - -Was her state such as to shew that she had?—There was nothing particular -to draw my attention to that being her state; there was nothing to shew -the causes of the disease at that time. - -How long did you stay on that occasion?—I suppose about twenty minutes; -I am not certain as to the time. - -Did you learn from the prisoner whether he himself had given any -medicine?—I understood that he had given an opening medicine and an -emetic, a saline draught in a state of effervescence, and also a pill, -and some opium mixed with the saline draught; I believe he told me ten -drops of laudanum. - -(By Mr. Justice Abbott.) Is that a large or a small dose?—It is a small -dose. - -(By Mr. Sergt. Lens.) Would that only quiet her?—It was given, he said, -to quiet the irritation of the stomach. - -Have you ever had occasion to attend a person who had been ill, and who -died of Cholera Morbus?—I never had a patient who died of that disease. -There is one circumstance I would mention: before I left Mr. Donnall, I -told him that as the quantity of active medicine in the prescription was -small, he had better give every three hours, instead of four hours, as -directed in the prescription; and observed at the same time, that it was -given in order to remove something which I considered to be offensive -either in the stomach or bowels. - -In the course of your experience, how soon does Cholera Morbus produce -death?—In general not in less than two or three days; there may be some -instances, but I never met with one that produced death in less than -that time. - -The space of time in this instance was fourteen hours?—Yes, Sir. - -Can you tell me of any instance that Cholera Morbus would produce death -in so short a time?—I never heard or knew of any instance of its -producing death in so short a time. - -In your judgment then, and from what you know since, did this patient -die of Cholera Morbus or not?—Certainly not. - -You say you staid about twenty minutes?—About that time. - -You then took your leave, having given directions about the -prescription, which you took for granted would be administered -afterwards?—Yes, Sir. - -Did you see Mrs. Downing afterwards?—No, Sir. - -She died at eight o’clock that same morning?—Yes. - -How soon did you go again after you had heard of her decease?—I went on -the Thursday afternoon to examine the body. - -When you went there, was it to examine the body as to the cause of the -death?—Yes; I was requested by the Coroner to examine the body. - -You had heard of the letter that was sent, on suspicion being -awakened?—Yes. - -Whom did you meet there?—Mr. Donnall. - -Was there any other person there?—Soon afterwards Mr. John Street, a -surgeon, came there. - -There is another person of the name of Street, a surgeon?—Yes, Sir; but -this was Mr. John Street. - -Shortly afterwards did you go into the room where the body lay?—Yes, -Sir. - -Did any thing pass before?—Nothing particular. - -Who went with you?—Mr. John Street and Mr. Donnall; there was no other -medical person present. - -What did you do?—We took the body from the shell, and placed it on the -table. - -Who proceeded to operate on the body?—When the things were prepared, -such as water, &c. I perceived Mr. Donnall was preparing to operate, -with the instruments in his hands, and turning up the cuffs of his coat. - -Did he proceed?—No; I told him that he was to have nothing to do with -the operation, and I turned to Mr. John Street and asked him to do it. - -(By Mr. Justice Abbott.) Did you say any thing more to Donnall than that -he was to have nothing to do with the operation?—No, my Lord. - -(By Mr. Sergt. Lens.) Did he (Mr. Street) prepare to do it?—He objected -to it, as not having been in the habit of operating for a long time. - -And in the end you were under the necessity of doing it yourself?—Yes, -Sir, with Mr. Street’s occasional assistance. - -When you opened the body, your particular object was the examination of -the stomach?—Yes, it was the chief object of our examination, and we -proceeded to do so immediately; we opened it, and examined it, and -poured the contents into a basin. - -Did you take out all the contents, or only a part?—The whole of the -contents. - -What was done with them after they were put into the basin?—We examined -that which was put into the basin with our fingers, in order to -ascertain whether any heavy or gritty substance had subsided to the -bottom. - -(By Mr. Justice Abbott.) When you say “we,” whom do you mean besides -yourself?—Mr. John Street, my Lord. - -(By Mr. Sergt. Lens.) Donnall did not interfere?—No, Sir. - -In a few minutes you examined the bottom?—Yes. - -Did you find any deposit?—No deposit of any heavy substance. - -When you had done that, what did you do next?—Before we particularly -examined the contents of the stomach, we examined the state of the -stomach, and found it inflamed. - -Was it a general or partial inflammation?—It was rather partial; or what -we call stellated, or in stars, in different parts of the stomach. - -Were there many? were there several or only one, or were there two or -three?—There were many, in different parts of the stomach. - -Was there any thing else you discovered?—On examining the villous, or -internal coat of the stomach, we found it softened, and in some parts -nearly destroyed by the action of some corrosive substance. The -stellated inflammation was on the nervous coat, but was very visible -through the villous coat. - -Are we to understand that the villous coat is, in general, not so soft? -what should its natural state be?—It should have been much more firm -than we found it. - -In what way did you examine the villous coat?—With the nail of my -finger, and it easily came off. - -And in its proper state would it come off easily with the nail of a -finger?—No, Sir. We examined particularly the under part where the fluid -was. - -Was it generally in that soft state?—The greatest part of it was so. - -(By Mr. Justice Abbott.) The under part is where any thing in the -stomach would rest and would touch?—Yes, my Lord. - -(By Mr. Sergt. Lens.) Did you observe any particularity in the -appearance?—The blood-vessels of the stomach were rather in a more -turgid state than they should be naturally. We also examined the liver -and lungs, and both appeared in a sound state. - -Did you examine the heart?—I do not recollect; I am not quite certain. - -Do you think that any thing affected it?—I did not examine it, that I -recollect. - -Did you give any directions as to what was put into the basin?—After -examining the contents of the stomach, which were put into the basin, we -poured them into an earthen jug. - -And your attention was particularly drawn to that in the basin?—I placed -the jug upon a chair, on which there was a cushion; and I took -particular care that, as the seat was elastic, it should rest against -the back, so as not to fall; and I said at the time that it must be -taken particular care of, as it was necessary for me to examine it. - -Was that said to any one in particular, or was it said -generally?—Particularly to Mr. Donnall; we were very near each other. - -Was there any other person present but you three?—Not at that time. - -(By Mr. Justice Abbott.) The prisoner, Donnall, was in the room at that -time?—Yes, my Lord. - -(By Mr. Sergt. Lens.) What did you proceed to do then?—We proceeded to -examine the intestines, and found them also inflamed in different parts, -particularly that part which was next the stomach, and some others that -were lower down. - -Could a patient be sensible of the existence of such an inflammation, or -might it remain for any time, and the patient be perfectly well?—That is -impossible; a patient could not be well with such an inflammation -existing. - -Could you judge at all of the length of time in which, in the common -course of nature, such an inflammation could be produced by any natural -cause? could it be produced by any natural cause?—Not in the time. - -Such an inflammation could be produced by a natural cause, but not -within the time?—Not within the time. - -What sort of substances will produce that sort of inflammation in so -short a time, not being natural causes?—Any active poison. - -Could it be produced by any thing short of an active poison in any time, -or within so short a time?—I think not. - -Did you proceed then to see whether there was any thing to be discovered -of an active nature?—I then turned to the contents of the stomach which -I had placed in a jug. - -(By Mr. Justice Abbott.) Then your back had been to the jug?—It was -behind, or rather on my left side. - -(By Mr. Sergt. Lens.) When you had turned round, did you find it in the -same situation?—Yes, I found it in the same situation, but I was -surprised to see it empty. - -Did you express that surprise to any body?—I expressed it to Mr. -Donnall, and asked him what had become of it, and he told me he had -thrown it into the chamber utensil; I observed to him that he ought not -to have done so, as I had before said that it must be carefully -preserved; and I observed to him also, that it would give me a great -deal more trouble, as I must evaporate a larger quantity of water than I -should otherwise have had to do, to get at the object of my search. - -Can you tell us what the quantity was in the basin, and what the -quantity was afterwards?—It was a little more than half a pint -originally. - -And what was the quantity when mixed with the other water?—Nearly two -quarts. The chamber vessel was clean when I came into the room. - -What had occasioned any used water in it?—I threw some of the water into -it, in which we had washed some part of the intestines. - -What was then done with it?—As soon as we had finished the examination, -I left it to Mr. Street’s charge, who told me he would take care of the -contents of the stomach. - -You did not see them again till they were at your own house?—No, not -till they were brought there in two bottles. I recollect putting this -chamber utensil further under the bed, in order that it might not be -disturbed, and desired that no one should touch it or go into the room, -during our absence, Mr. Donnall still remaining. Mr. Donnall had been -out of the room once or twice. - -But was he there when that direction was given?——Yes, Sir. - -Did you afterwards, and when, proceed to examine the contents of the two -bottles?—It was two days before I had finished that examination. - -How soon afterwards did you see it in the two bottles in your house?—On -the same day that we examined the body. - -Did you upon examination trace any thing of the sort that you looked -for?—I examined it in different ways by chemical tests, and they all -shewed the presence of arsenic; if necessary I will state the method I -followed. - -In consequence of the experiment, you detected it to be arsenic?—Arsenic -in solution but not in substance. - -How did you detect it?—I tried it by chemical re-agents that would -produce a certain colour when arsenic was present. - -In general, upon that part of the subject, what is your opinion of the -cause of the death of this lady, from your observation on what you took -away and examined afterwards?—From the appearance of the stomach and the -examination of its contents, I have not the least doubt that it was -produced by poison. - -Independently of that appearance to be arsenic, what is your opinion of -the general appearance, so as to judge of the cause of the death?—I have -no doubt that the death was produced by the effects of arsenic. - -Could you have formed any judgment independently of the analysis, or is -this latter part necessary to your judgment?—I should have believed, -from the examination of the stomach and intestines only, that the death -had been produced by some corrosive substance. - -Should you have been of opinion, without any analysis, but from the -general appearance of the stomach, that she had died of poison?—I should -certainly have been of that opinion. - -But not arsenic in particular?—No; but some corrosive substance. - -Could that corrosive substance have been produced in the body itself, or -must it have been administered from without?—It is not possible that it -should have been produced internally; it must have been introduced from -without. - - (Cross-examined by Mr. Sergt. Pell.) - -I think you said, that you found this lady’s pulse frequent and -fluttering?—Yes, Sir. - -The medicine you prescribed for her was of a purgative nature?—Yes. - -How often would she have had to take that medicine, between the time you -gave that prescription and the time when she died?—I gave her the -prescription for every four hours, but I left instructions to give it -every three hours. - -Is that the prescription? (_shewing it_)—Yes, Sir. - -Be so good as to mention what are the materials—or first, what is the -nature of that complaint, called Cholera Morbus?—It is generally -produced in hot seasons, by bile getting into the stomach, and causing -irritation in the stomach and bowels. - -Is not cramp sometimes a symptom of a violent bilious attack?—Cramp -often comes on in violent irritations of the stomach and bowels, -whatever may be the cause of that irritation. - -Is not cramp a certain symptom of a violent bilious attack?—It very -often accompanies it. - -(By Mr. Justice Abbott.) Cramp of the legs generally arises from those -causes?—Yes, my Lord; most frequently from a violent action of the -stomach. - -(By Mr. Sergt. Pell.) Might it not arise from a bilious disorganization -of the stomach?—Yes. - -This complaint of Cholera Morbus may proceed to a very painful -degree?—It may kill. - -Is it a very painful complaint?—It is a very distressing complaint. - -As far as you have had an opportunity of visiting patients, do you know -it to be a painful complaint?—It produces cramp, which is painful, and -it certainly produces pain in the stomach and bowels by its violent -action. - -Do you apprehend that a purgative medicine would be a proper medicine -for a person in that situation, supposing it to have been Cholera -Morbus?—There were no symptoms of Cholera Morbus when I saw Mrs. -Downing; but from what I heard of her complaint, I imagined that there -was something offensive either in the stomach or bowels, which ought to -be evacuated. - -Were ten drops of laudanum a proper thing to give her?—It is sometimes -given to allay the irritation of those parts. - -Might not a powerful administration of laudanum be of use in Cholera -Morbus?—Seldom, I think, in large quantities, but is given in small -doses frequently, if the case be urgent. - -I think you have stated, that the result of your chemical experiment was -not the production of any gross arsenic, or arsenic in substance?—Not -arsenic in substance. - -And you judged from the application of chemical tests?—Yes, Sir. - -Be so good as to state what the chemical tests were which you used?—The -first was with the sulphate of copper, which is the common blue vitriol. -If you put a little carbonate of potash into water containing a solution -of arsenic, and then add the sulphate of copper in solution, a _green_ -precipitate will be produced; whereas, if no arsenic be present, a -_blue_ precipitate would be formed: that was the first test which I -used. - -What was the second test?—The second test was with the nitrate of -silver, or common lunar caustic, (these are the same in substance, but -the lunar caustic is the more common term). Put a little carbonate of -potash into water containing arsenic in solution, and dip the end of a -cylindrical piece of lunar caustic into the water, a _yellow_ -precipitate will be produced; whereas if no arsenic be present, a -_white_ precipitate would be formed. Those were the chief tests which I -used; but in order to ascertain whether any thing which had been taken -into the stomach, or was naturally contained in it, would alter the -appearances produced by the tests, so as to make the result uncertain, I -tried other experiments. I concluded that bile formed part of the -contents of the stomach; I therefore procured some and mixed it with -water, and subjected it to the same tests in the same manner, and I -found that the appearance of the precipitate was not the same as if -arsenic were present; I therefore inferred that bile, in the quantity in -which it may occasionally be found in the stomach, would not alter the -conclusion I had drawn from the result of my first experiments.—I was -informed that Mrs. Downing had eaten onions; I boiled some in water in -the usual way, and after pouring off the water in which they were -boiled, I poured some boiling water on them, and let them stand for some -hours; I then ascertained what effect this water would produce on the -tests, and was satisfied that it would not, when the experiment was -carefully made, produce the appearance of arsenic.—I also understood -that some tartarized antimony had been given; I tried the tests with a -solution of that substance, and the precipitate had not the appearance -which arsenic, if present, would put on. - -Do you happen to know who was the first person who discovered these -tests?—I believe Mr. Hume discovered that with nitrate of silver. - -Do you know Dr. Marcett?—Yes, I know him from his writings, to be a -clever man. - -You don’t happen to know whether he first discovered this mode?—No. - -Do you know of any mode of managing any fluid substance, in which -arsenic has been mixed, so as to produce arsenic in substance?—By -evaporating the solution containing arsenic, and by exposing it to heat -in a close vessel, you will produce it in a white solid state; and by -mixing the residuum of a solution of arsenic with an inflammable -substance, arsenic will be sublimed in its metallic state by the same -process. - -The result of that experiment would not have deceived any one in the -world?—It would not certainly; but there was such a small quantity left, -after my other experiments, that it was not tried. - -It would have produced it, so that any person would know the thing to be -arsenic?—Certainly. - -You mix the fluid, in which the arsenic is, with an alkali, when you -seek to re-produce the mineral in substance? you mix the solution with -an alkali, don’t you?—No; there is no occasion for an alkali. - -You put it in solution and expose it to heat?—If the arsenic be in -solution, it must be evaporated; and by doing that which I have before -stated with the residuum, it will be produced in its metallic state. - -With respect to the other tests, do you consider those as conclusive and -infallible?—Yes, in the way I used them. - -This business, of course, must have made a great bustle in Falmouth, -when people first talked about it?—Yes, Sir. - -When were you examined before the Coroner?—Upon the same day of the -funeral, and on the Thursday preceding. I begged the inquest might be -put off for two days, till I had examined the contents of the stomach; -and it was put off for two days. - -You were examined, I believe, before you made the analyses?—I remember -that I was examined on the Thursday as to the appearances I found on the -stomach. - -Can you recollect whether you did or did not state, before the Gentlemen -of the Jury, that the appearances of the stomach were such as proceeded -from a natural cause?—No, certainly not. - -You did however desire that it might be postponed two days, that you -might make some experiments on the contents of the stomach?—Yes, Sir. - -Are persons, particularly women, of an elderly time of life, more -subject to the attack of Cholera Morbus, than people who are -young?—There is very little difference. - -The age of the person does not predispose him or her more to that -complaint, than a youthful person?—No, I don’t think it does; it is -rather the contrary. - -You say there was nothing in the chamber vessel but water that had been -poured in, with which you had washed some parts of the stomach?—I poured -the water in myself, at a time when I believe it was empty. - -Mr. Sergt. Pell—So that the effect of it would be only to give more -trouble in evaporating a greater quantity of fluid, it having been made -before. - - (Re-examined by Mr. Sergt. Lens.) - -You have been asked several questions about the nature of Cholera -Morbus; do you change your opinion, in any respect, as to this not being -Cholera Morbus that occasioned the death?—I do not. - -You have been asked particularly about a third test that you did not -make use of; I wish to ask you how it happened that you did not resort -to that test as well as to the others?—There was not sufficient left so -as to ascertain it accurately. - -So that that last test would not be so proper as the others?—The tests I -used would detect a more minute portion of arsenic, and therefore were -more proper for that occasion, as I found that there could not be much -arsenic in the fluid, from the appearances produced by these tests. - -And that was the reason that you resorted to those tests instead of this -last test, which you did not use?—Yes, that was the reason, when I found -by the other tests that the arsenic was not in a large quantity. - -Had the quantity been larger, how would you have proceeded?—I should -have resorted also to the last if there had been a larger quantity. - -(By Mr. Justice Abbott.) The portion detected was very small?—Yes, my -Lord. - -Do I understand you to say that it was so small that you did not think -it fit to try the other test, or that of evaporation?—That was my -reason. I accounted for the smallness of the quantity of poison in this -way—from the frequent throwing up, and the purging, which would carry -off large portions. - -Suppose the contents of the stomach had been suffered to remain in the -jug as you had put them, unmixed with any quantity of fluid, would it -have been more easy to perform the experiment, and securing its -effect?—There would be the same result, but a difference in regard to -the length of time that it would take to evaporate. - -After having tried and made use of these tests, would it have been -practicable still to have tried the test by evaporation and -sublimation?—I did not do it as the quantity of fluid was so small, and -I did not conceive that a small quantity would do. If I had evaporated -the whole of it in the first place, I might perhaps have detected -arsenic in substance; but I had made use of a great quantity in trying -the other tests, which I threw away. - -That would not have been proper to have tried again, that which had been -tried before?—It would not have been so easily done. - -The application of the lunar caustic in the one instance, and the -sulphate of copper in the other, would not have prevented the other -operation?—It would not have been so correct. - -Do you happen to know that the prisoner, Mr. Donnall, ever desired that -any other test should be applied?—I don’t recollect that he did; but -some one came to my house, and requested me to give him a part of the -contents of the stomach to try it, but I had none. - -If any application was made, it was too late?—Yes, my Lord. - -Was any person with you when you tried these tests?—Mr. Street, a -brother of the gentleman I have spoken of, was with me. - -That is Mr. Samuel Spyvee Street?—Yes, my Lord. - -Any other person, at the other time of the experiments?—Mr. John Street -was present at the other. - - (_Witness withdrew._) - - _Mr. John Street_ (examined by Mr. Gazelee). - -You were a surgeon?—Yes, Sir. - -How long have you been retired from that profession?—About five years. - -Was any application made to you to attend the opening of the body of -Mrs. Downing?—Yes, Sir, there was. - -Who applied to you?—Mr. Donnall. - -Upon what day did he apply to you?—Upon the Thursday. - -To assist him in opening the body?—Yes, Sir. - -What time did you go to the house?—Mr. Donnall called upon me about -half-past one o’clock upon the Thursday, and I went to the house about -two o’clock, or half-past two. - -Whom did you find there?—Mr. Donnall and Dr. Edwards. - -The operation was performed by Dr. Edwards?—Yes, and I assisted him. - -Do you remember the circumstance of the contents of the stomach being -taken out and put into a jug?—Yes, I do. - -What became of the jug, or was any thing said about it?—Dr. Edwards -poured the contents of the stomach into a jug, and requested it should -be taken particular care of, addressing himself particularly to Mr. -Donnall, who was very near him. - -After that, did you proceed to examine the stomach itself?—We did. - -Describe the appearances upon the stomach?—After opening the stomach, I -perceived it to be very much inflamed, and remarked it to Dr. Edwards, -and also to Mr. Donnall, who was upon my right hand, that the -inflammation was very extensive, and the blood-vessels very turgid; -there were stars, and the villous coat very highly inflamed; that was -the appearance of the stomach; we then examined the Duodenum, we found -that very much inflamed; the Jejunium and Illium we found but slightly -inflamed; the Cæcum was the next part that we opened, that was inflamed -but slightly. - -(By Mr. Justice Abbott.) Those are the parts of the body connected with -the stomach?—Yes; after that we opened the chest to examine the heart, -liver, and lungs, and we found them in a perfect state. - -(By Mr. Gazelee.) From those appearances, could you form any judgment as -to what was the occasion of the death of the deceased?—From the -appearances I should attribute the death to some corrosive matter taken -into the stomach. - -You found that the contents of the jug had been removed into a chamber -utensil, did you not?—Yes. - -That chamber vessel was afterwards removed further in under the -bed?—Yes, Sir, by Dr. Edwards. - -Did you and Dr. Edwards go out of the room together?—We did, and Dr. -Edwards remarked that he wished nobody to go into the room when we were -out of the way; he said this to Mr. Donnall, “You’ll observe that nobody -is to go into the room while we are away.” - -(By Mr. Justice Abbott.) Did you leave the prisoner in the room!—No, my -Lord; we all went down together. - -(By Mr. Gazelee.) Dr. Edwards and you went over to the town-hall -together?—Yes, Sir. - -How long did you remain there, till you returned?—About three or four -minutes. - -Did the Jury come back with you?—Yes, Sir. - -Did you again go to the Town-hall?—Yes. - -How long might you be absent the second time?—About ten minutes. - -At the expiration of those ten minutes, did you return to the room for -any, and what purpose?—I returned to the room to do what was necessary -to Mrs. Downing, and to put her into the shell. - -Did you do any thing then?—I did; after putting Mrs. Downing into the -coffin, I told the servant to get me some bottles, which she procured, -and I then poured the contents of the chamber utensil into a jug, and -then into two bottles; they filled both bottles; they were two quart -bottles. - -Did you find any person in the room when you came back?—No person. - -What became of the bottles?—I told the servant to deliver them to Dr. -Edwards. - -What is her name?—Susan Weeks. - -Mr. Gazelee—Her name is now O’Brien, having been since married. - -Did you see her go with them?—I saw her within a hundred yards of Dr. -Edwards’s house with the bottles. - -Were you present when any of the tests spoken of by Dr. Edwards were -tried by that gentleman?—Yes, I saw him try some of them. - -(By Mr. Justice Abbott.) Which of them did you see?—I am not chemist -enough to say; but I saw him try some, and he told me before what would -be the effect. - - (Cross-examined by Mr. Gifford.) - -When you poured the contents of the chamber vessel into a jug, did you -find the chamber vessel in the same state as when you left?—I think it -was. - - (_Witness withdrew._) - - _Dr. Edwards_ re-called, (re-examined by Mr. Justice Abbott.) - -I wish to ask you this question, whether arsenic may be administered in -a fluid state?—Yes, my Lord, it may. - -The usual way is in grains or in powder, but it may be administered in a -fluid state?—Yes, my Lord; it may be dissolved in water and -administered. - -May such a solution be made very strong?—If it be dissolved in hot water -it will contain a large portion; but if in cold water it will not hold -more than in the proportion of one-eightieth part of the water. - -When you obtain a solution of arsenic, what quantity will be contained -in the hot water, or what quantity of that water would be sufficient to -occasion death?—I cannot say exactly. - -Two or three tea-spoonsful?—Very little more than that, I should -suppose. - -Two dessert-spoonsful?—I dare say it would. - -A table-spoonful?—Yes, my Lord. If an alkali be dissolved in the water -first, it will hold a larger proportion in solution; but if dissolved in -the common way, I should think a table-spoonful would be sufficient to -produce death. - - (_Witness withdrew._) - - _Dr. Edwards_ again recalled, (re-examined by Mr. Justice Abbott.) - -Did the body of the deceased swell at all before it was opened?—No, my -Lord, it did not. - -Was there any discharge from the nostrils, or any symptoms of -putrefaction?—None at that time: and as to the discharge from the -nostrils, I did not observe any. - -In your judgment, could there be any thing in the appearance of the body -which could lead a medical man to say that it was necessary to procure a -shell immediately?—I should think not. - -In case of death by Cholera Morbus, does putrefaction take place -early?—I never observed it. - -Mr. Justice Abbott.—Then you don’t know it, either one way or other, to -say how that is. - - (_Witness withdrew._) - - ------- - - EVIDENCE FOR THE DEFENCE. - - _Dr. Adam Neale_ (examined by Mr. Sergt. Pell). - -I believe you are a physician at Exeter?—Yes, Sir. - -Have you, in the course of your medical experience, been called upon to -attend cases of Cholera Morbus?—Yes, frequently. - -From what cause, in general, does Cholera Morbus arise?—It generally -arises from putrid bile collected in the intestines, which is thrown off -by vomiting, and diarrhœa, or purging. - -Is it a disorder which is in its nature fatal?—It is the most acute -disease known in Great Britain. - -What do you mean by the term ‘acute’?—I mean by the term acute, a -disease which runs its course in the most rapid manner. - -What should be the usual course of attack of Cholera Morbus as to -duration, supposing the patient ultimately died of it?—It very -frequently kills the patient within twenty-four hours, and if neglected -or improperly treated, it kills the patient in a much shorter period. - -What should you esteem a reasonable symptom of a person of the age of 64 -or 65 having this complaint? what should you expect to find in a person -with this complaint?—Constant vomiting and purging, attended with pain -in the stomach and cramp in the legs. - -In that state of the disorder, what should you prescribe?—I should -prescribe that the patient drink plentifully of any warm fluid, such as -mutton-broth or tea, and then I should give a large dose of opium. - -Supposing you were called in to attend a woman with the symptoms you -have mentioned, whose pulse was frequent and fluttering, what would you -prescribe?—I should then give her a large dose of opium, and I should -repeat it at intervals, until the retching, vomiting, and diarrhœa -ceased, or till she felt better. - -I shall not trouble you, nor my Lord, by going through the particular -circumstances which Dr. Edwards has spoken to, but merely ask you, had -you the pleasure of hearing his evidence?—I had. - -Did you hear distinctly the description he gave of the appearance of the -stomach, after it was opened?—I did. - -To what cause should you, independently of other circumstances, have -attributed those appearances?—To no cause but the disease. - -(By Mr. Justice Abbott.) What disease?—To the disease of Cholera Morbus. - -Do you mean to say that they are indications of nothing else?—No, my -Lord. - -They are indications of that disease as well as others?—Yes, my Lord. - -(By Mr. Sergt. Pell.) Would Cholera Morbus have that appearance?—I think -so. - -(By Mr. Justice Abbott.) Did you ever see the body of a person opened, -who had died of Cholera Morbus?—I have not, my Lord. - -(By Mr. Sergt. Pell.) Have you had, in the course of your practice, -occasion to make experiments in chemistry?—Yes, Sir. - -Did you hear the first experiment, or test, which Dr. Edwards stated he -had made, namely, that by the sulphate of copper?—Yes, Sir. - -In your judgment, is that test an infallible test of arsenic being -present in solution?—By no means. - -Have you heard of the other test which he tried, namely, that by means -of the nitrate of silver, or the lunar caustic?—I have. - -What is your judgment of that species of test as to arsenic?—That it is -equally fallible. - -Now as to the test with bile?—No [meaning, that test is not infallible]: -from the presence of phosphoric acid, the same yellow-coloured -precipitate will be thrown down, if some lunar caustic be put into a -solution of phosphate of soda. - -What do you esteem to be a complete test of arsenic being held in -solution in any complicated body?—I don’t conceive that there is any -complete test, but the evaporating of the solution, and reproducing the -arsenic in its metallic state. - -Have you made any experiment upon any mixture, through the medium of -nitrate of silver, or the lunar caustic, in which onions have been -infused?—Yes, with a decoction of onions. - -Be so good as to state particularly what that experiment was which you -made?—I made it within the last five days; I made a decoction of onions, -and added the carbonate of potash together with the lunar caustic, and a -pale yellow cloud was produced; the liquor became opaque, and a cloud, -of a colour between white and yellow, or opal, or precious stone colour, -was produced. - -(By Mr. Justice Abbott.) Through the whole body?—Yes, my Lord; I then -varied the experiment and added to it the phosphate of soda. - -(By Mr. Sergt. Pell.) After this opaline cloud had been produced, what -other effect had it?—It precipitated gradually; there was a -precipitation. - -(By Mr. Justice Abbott.) This dark shade, or yellowish white cloud, -precipitated to the bottom?—Yes, my Lord. - -Was that of the nature of what you call precipitation?—Yes, my Lord. - -(By Mr. Sergt. Pell.) Well, Sir?—I added some solution of phosphate of -soda, and a solution of lunar caustic, and I then obtained a yellow -precipitate. - - (Cross-examined by Mr. Sergt. Lens.) - -I understood you to say that you never did, in point of fact, examine -the body of a person that died of Cholera Morbus?—I never did; I only -conclude, as a matter of science, that such would be the appearance; but -I never did, in point of fact, open the body: I only conclude that that -would be the sort of inflammation. - -Now, as to this decoction of onions, would one taking rabbits smothered -in onions be said to be taking a decoction?—The juice of the onions -would be conveyed into the stomach: perhaps it would be as well to -explain to the Court what is my motive. - -(By Mr. Justice Abbott.) We don’t want that: we only want to know -whether a decoction be the same as that which would be conveyed by -eating boiled onions?—The same fluid would be conveyed into the stomach. - -(By Mr. Sergt. Lens.) That is, a decoction of onions?—Yes, Sir. - -But the greatest part is drawn off by the preparation?—Some must -infallibly remain. The experiment I made was, by cutting an onion into -various pieces, and putting it into two wine-glassesful of water, and -upon that decoction my experiment proceeded—or by pouring boiling water -over it, or boiling it for two minutes, and then I tried the experiment -both with the liquid and with the boiled onion, and the effects were the -same. - -So that the small quantity that remained in the one case, had the same -effect as the extract in the other?—Yes, Sir. - -That which is used at table must be considerably weaker than that sort -of preparation?—A considerable part, but not the whole, otherwise the -flavour would be all gone. - -(By Mr. Justice Abbott.) In proportion as the strength and flavour is -diminished, so is the strength of the juice diminished?—Yes, my Lord. - -(By Mr. Sergt. Lens.) Do you mean to say that that mode [the test by -evaporation] is absolutely an infallible mode of detecting arsenic?—I -speak by the practice of all physicians, both at home and abroad, that -it will be positively detected by that mode to be present; but I don’t -mean to say that Dr. Edwards’s experiment won’t do it also; but the -phosphate of soda will produce the same thing. - -Of course, if necessary to inquire as to the fact of its presence, -whether it be pursued by one or the other of these modes, you would -inquire into collateral circumstances?—Certainly; but if you speak -chemically, I should conceive none decisive, without the reproduction of -the metal. - -In your judgment, this is the best test that can be resorted to?—I don’t -speak from my own judgment merely, but from acknowledged experiments. - -Is there any considerable portion of the phosphate of soda in the -bile?—Phosphoric acid exists in all the fluids of the human body, in the -blood and other fluids; I cannot say to what degree it may exist, but it -certainly does exist in these, and in the bodies of all animals. - -Does it exist to such a degree in the human bile, as to produce this -effect?—I have not made the experiment. - -You have not made any experiment, either in one way or another?—It is -necessary that I should mention that a French chemist, named Denard, has -published on this subject. - -Mr. Justice Abbott.—We cannot take the fact from any publication; we -cannot take the fact as related by any stranger. - -(By Mr. Sergt. Pell, through Mr. Justice Abbott.) I wish to know whether -Dr. Neale, in the course of his practice, has opened many bodies, the -stomachs of which were in a state of inflammation?—I have, a great many. - -Were those appearances the same as described by Dr. Edwards?—They were; -I have seen many instances where they were the same as described by Dr. -Edwards. - -And that in cases in which there was no reason to suppose that there was -poison administered?—No reason whatever, my Lord. - -Were you ever present at the opening of the body of a person who was -supposed to have died by poison?—I was many years ago, when I was in -Scotland, and when I was a young man; but the appearances were not such -as to satisfy the medical men that there was arsenic. - -Is there any other substance, except this phosphate of soda, that will -throw down this yellow precipitate?—Not that I am aware of. - -Sulphate of copper was not an infallible test, you say; explain that?—If -sulphate of copper be contaminated with iron, or be not pure; if it be -mixed with the carbonate of potash in solution, a yellow precipitate -would be produced, and the two colours will produce green. I should also -state that in mixing the solution, if the sulphate of copper should be -added to a decoction or an infusion of onions, with a small quantity of -the carbonate of potash, a green precipitate is also produced; I have -tried it repeatedly. - -Supposing a person to have been eating boiled onions for dinner, and in -the course of the night to have been vomiting or purging to a violent -degree, would any particular portion of the juice of the onion be left -in the stomach?—Not in the stomach in a great proportion; but I think -that enough may remain to affect the chemical test. - -Notwithstanding the mixture of the onions with other food, there is -sufficient to effect that in some degree?—Yes, my Lord. - -(By Mr. Sergt. Lens, through Mr. Justice Abbott.) You have stated that -you have seen many bodies opened, in which the stomach was in a state of -inflammation, and in the state described by Dr. Edwards, and yet no -actual poison present in those cases; what has been the state of the -villous coat of the stomach in such cases; have you attended to -that?—No, I have not. - -Then you have only observed as to the inflammation and so on, but not to -the villous coat of the stomach?—Exactly so, my Lord, and not to the -villous coat of the stomach. - - _Witness withdrew._ - - _Dr. Daniel_ (examined by Mr. Gifford) - -You have been for many years a physician at Exeter?—Yes, Sir. - -And of considerable practice there?—Yes, Sir. - -Have you in your course of practice attended many persons attacked with -Cholera Morbus?—I have. - -What are the symptoms attendant upon that disorder?—Usually considerable -vomiting, affections of the bowels, purging, pains of the stomach, great -thirst, and cramps or spasms of the legs. - -Where you find a patient violently attacked by those symptoms, what -would be the medicines you would administer—I should undoubtedly direct -full doses of opium, to remove the irritation, and to check the -discharge. - -If you found a patient with a frequent and fluttering pulse, should you -so administer?—Most undoubtedly. - -Have you heard the symptoms which Mrs. Downing is described to have had -the evening before her death?—Yes, Sir. - -May I ask you whether those be the symptoms of Cholera Morbus?—They -certainly are the symptoms of Cholera Morbus. - - (Cross-examined by Mr. Gazelee). - -Are these the symptoms of Cholera Morbus exclusively—No, Sir; they are -symptoms of arsenic, or any poison. - -(By Mr. Justice Abbott.) Within what period of time does Cholera Morbus -usually produce death?—Within my experience, I have seen it nearly fatal -within fourteen hours. - -Within what time have you known it fatal?—I have never known it fatal: I -have known a patient in imminent danger within fourteen hours, but he -recovered. - -In what way does that disease usually shew itself? does it begin all at -once, when the person is in good health, or gradually?—I have known it -rather sudden, after an illness of an hour or two. - -Have you ever known an instance of a person in good health, eating a -hearty dinner, and then sitting down to tea, taken instantly with -vomiting and purging in that way described?—I have seen a case very -similar to that. - -When you say very similar, will you be good enough to explain that a -little more?—It occurred in my practice eight years ago, to see a -gentleman who was seized with sickness and nausea about five or six -o’clock in the afternoon; the sickness and nausea continued increasing -till one or two in the morning, and I was desired to see him; and from -two to four o’clock I considered him in such danger that I had no hopes. - -That does not apply to my difficulty; I want to know what the state of -health of that patient would be—that is, whether he would be troubled -with a languor or illness, which a person does not very well understand; -or whether that person would be, just before his being so seized with -it, in perfect good health?—That gentleman whom I mentioned had been -delicate in his health, but had had no positive complaints. - -Cholera Morbus proceeds from bile?—From bile and corrupt humours. - -Will they collect all at once?—They will shew themselves collectively -within a very short period of time. - -(By Mr. Gifford.) I believe you knew the prisoner at the bar, when -attending the Hospital at Exeter?—Yes, Sir. - -Had you an opportunity of seeing him frequently?—Occasionally. - -Did you know his character for humanity and tenderness?—He always -appeared to me to have rather an unusual share of humanity and -tenderness; and such was the character which he held in the Institution. - - (_Witness withdrew._) - - _Mr. John Tucker_ (examined by Mr. Sergt. Pell.) - -You are a surgeon living at Exeter.—I am. - -And a member of the Royal College of Surgeons?—Yes, I am. - -You have heard the symptoms and circumstances first described by Dr. -Edwards and Mr. Street?—Yes. - -From the different facts which both those gentlemen have spoken to, as -to the state of the stomach of the deceased when opened, what disorder -should you have supposed that person to have died of?—From some -inflammation in the stomach. - -What disorder of the human frame, in your judgment, would be likely to -produce such appearances?—Hernia, Cholera Morbus, and idiopathic -inflammations, or inflammations from unknown causes; that is, when we -find those appearances of the stomach where we can assign no causes. - -Now supposing a person to have had violent retchings and purgings, -accompanied with a pain in the stomach, and accompanied with such -appearances as these in the stomach, if the body had been opened to what -causes would you attribute it?—To Cholera Morbus, if I had not detected -Hernia. - -(By Mr. Justice Abbott.) You mean to say that if you had found the -stomach in the state described by Dr. Edwards, you would ascribe that to -Cholera Morbus?—Yes, my Lord. - -(By Mr. Sergt. Pell.) You have heard it stated in evidence what the plan -was that Mr. Donnall pursued, when he administered medicine to Mrs. -Downing that night?—I have, Sir. - -Was that the right or the wrong one?—It was partly right, and partly -wrong. - -In what respect was it right?—In the exhibition of opium. - -In what respect was it wrong?—In giving any thing that would increase -the irritation that already existed. - -Have you seen the prescription which Dr. Edwards wrote that night?—No, I -have not; but I would wish to see it—(_here the prescription alluded to -was shewn to the witness_). - -Now supposing a person to have retchings and purgings for several hours, -and that you found these attended with frequent and fluttering pulse, in -that state of the illness what should you have prescribed?—I should have -prescribed diametrically opposite to the prescription of Dr. Edwards; I -should consider that prescribed by Dr. Edwards as adding weight to a -porter’s back. - -Mr. Justice Abbott (_to the witness_)—Don’t speak metaphorically; you -are speaking just now of a gentleman of experience and respectability: I -don’t wish you to conceal your opinion, but only to speak it in -different language. - -(By Mr. Sergt. Pell.) You should have pursued a method diametrically -opposite you say; now what is the course pursued by that -prescription?—There was irritation already existing in the bowels, and -that prescription, I conceive, would tend to increase that irritation. - -Besides tending to increase the irritation, in your judgment what other -effect would be produced by it, in that state of the person?—There was -considerable debility or exhaustion, and I should think _that_ would -increase that debility and exhaustion. - -What should you have given?—I should have supported the patient, and -given opium in large doses. - -Have you had an opportunity of examining many bodies after death?—A -great many. - -I will ask you, did it ever in the course of your practice happen to you -to examine a body that had died of Cholera Morbus?—I attended a patient, -but I can state the reasons why I did not do so. - -Don’t state the reasons why you did not. Then you never did open any -body that had died of Cholera Morbus?—Never. - -You have opened bodies after death?—Yes, Sir, a great many. - -In cases of mere accident, where death has been produced by violent -injury arising from accident, have you ever had occasion to ascertain -the state of such a body as that?—I have. - -How long ago?—Eight or nine years ago. - -What was the accident that occasioned the death?—A fractured skull. - -How long after the death was the body opened?—It was either upon the -second or the third day. - -What was the state of the stomach of that person?—Highly vascular, which -would lead any one unaccustomed to the complaint, to mistake it as -arising from inflammation. - -Now explain what you mean by the terms ‘highly vascular’?—The congestion -of numerous blood-vessels. - -Is there any thing as to the state of the hardness or softness of the -coats of the stomach, upon which any judgment can rest?—I should suspect -that as it is inflamed, the coats of the stomach would be thickened and -soft; for as the inflammation takes place, the parts increase in size. - -Have you examined the bodies of soldiers, or of any description of -persons, who have died of that complaint?—Yes, I have. - -What would be the state, with respect to inflammatory appearances in the -stomach, of those subjects?—We generally find the coats of the stomach -red and thick; we very often, but not always, find it where there is no -reason whatever to suspect inflammation. - -Have you applied yourself to the study of chemistry very much?—Not very -much; but I have attended chemical lectures. - -Do you happen to know whether the chemical test through the medium of -nitrate of silver, or lunar caustic, is an infallible one or not, as to -shewing the presence of arsenic in solution?—I conceive it not to be so. - -Do you recollect who it was that first proved this test?—I don’t know -who it was that proved it first; but the first time I ever saw it -described was in a medical publication by Dr. Marcet, lecturer in Guy’s -Hospital. - -Do you happen to know whether there be any thing else, besides arsenic, -which, if submitted to the lunar caustic, would produce the same result -as it would with arsenic?—I do. - -What else?—If there be any alkaline phosphate, it would put on the same -appearance, and throw down the same yellow precipitate. - -Do you know whether phosphoric acid and salts be contained, or abound in -the human frame?—I have been led to believe so. - -Did you hear Dr. Edwards give his evidence as to the test also of the -sulphate of copper?—I did. - -Have you made any experiments as to the sulphate of copper?—I have. - -We have been told that the sulphate of copper, when added to any liquid -or fluid containing arsenic, will throw down a green precipitate?—Yes, -it will have that effect; and I have made that experiment. - -Have you made any experiment in order to ascertain whether any green -precipitate would be thrown down by sulphate of copper, when applied to -any other solution than that of arsenic?—I have tried it with an -infusion of onions and animal matter. - -(By Mr. Justice Abbott.) What was the result?—A green precipitate -resembling that which would have been thrown down, if arsenic had been -present. - - (Cross-examined by Mr. Sergt. Lens.) - -Did you happen to attend when Dr. Edwards was the chemical lecturer at -St. Bartholomew’s Hospital, in London?—I was a student in the Borough, -at St. Thomas’s and Guy’s. - -Then you did not attend yourself, when Dr. Edwards was the chemical -lecturer at St. Bartholomew’s?—No, I did not. - -Do we understand that you made those experiments previous, or since this -circumstance happened?—Both previous to, and since this melancholy -circumstance; and particularly that with the nitrate of silver; and I -thought it one of the most delicate at the time I made it. - -(By Mr. Justice Abbott.) That is the lunar caustic?—Yes, my Lord. When I -first made the experiment, about three years ago, I found it the most -delicate test of arsenic. - -What do you mean by the most delicate test of arsenic?—That is, the -smallest portion would be detected by it. - -(By Mr. Sergt. Lens.) You found that at first?—Yes, but I have since -discovered its fallacy; and it was pointed out by the same means which -discovered its delicacy as a test, because it is now ascertained that -something else will produce the same appearances. - -You have mentioned what?—Yes, any alkaline phosphates. - - (_Witness withdrew._) - - _Mr. Joseph Collier Cookworthy_ (examined by Mr. Gifford.) - -I believe you are a physician at Plymouth?—I am. - -You have been present during the course of this trial, and have heard -the examination of Dr. Edwards?—I have. - -You have accordingly heard the tests that he applied to the contents of -the stomach of Mrs. Downing?—I have, Sir. - -Now I would ask you whether, in your judgment and experience, those -tests be or be not conclusive?—I am satisfied that they are not. - -When I ask you whether or not they be conclusive, I mean as to the -existence of arsenic?—I am certain they are not, and that they do not -unequivocally shew the existence of arsenic. - -Do the same results follow from experiments from other compounds?—They -do. - -What, in your judgment, is the proper test by which the presence of -arsenic would be discovered?—I am borne out by all philosophical -chemists in this country, in stating that the only test that can bear a -man out in swearing to its presence is, the reproduction of the metal; I -mean the arsenic in its metallic state. - -In the other tests is the colour of the precipitate the only thing by -which to judge that arsenic is present?—In what tests? - -The sulphate of copper for instance?—Unless it were mixed with some -carbonaceous matter, and submitted to the action of heat: where that has -not been done, it is the colour only that has been relied on. - -Have you heard the appearances of the stomach as described by Dr. -Edwards?—I have. - -Do those appearances, in your judgment, indicate the presence of arsenic -in the stomach?—Although I should not have drawn the conclusion that -that body had therein received poison, I certainly should have allowed -such a reflection to enter into my mind, and have acted upon it; yet I -by no means think (and I speak from the experience of others), that the -appearances stated to have existed were such as _only_ to denote the -presence of arsenic. - -Have you known the prisoner at the bar long?—Yes, Sir. - -How long?—I only knew him at school; we were educated together at the -Exeter Free Grammar-school. - -At that time, what was his character for humanity?—It would be difficult -to say what attaches one school-boy to another; but I can say -conscientiously—— - -That is not the question. What was his character as a school-boy?—That -is a question which is difficult to answer—not that I mean to imply that -there was any thing to the contrary of a good character, for I mean to -say that he stood high—he was respected by his school-fellows. We slept -together in the same dormitary; and I remember now with pleasure, -notwithstanding the time that has transpired, the intimacy that then -existed. - - (Cross-examined by Mr. Gazelee.) - -You said that nothing but the reproduction of the arsenic would satisfy -your mind as to the presence of it?—It would not; and I am borne out in -that belief by the best authorities in the country; nothing short of -that would satisfy my mind in swearing to its presence. - -(By Mr. Justice Abbott.) You said that the same results would follow -from other compounds?—Yes, my Lord. - -What other compounds would give the same result with the lunar -caustic?—Phosphoric acid. - -And what with the sulphate of copper?—Understanding that the deceased -had died after eating a hearty dinner of rabbits and onions, I cut a -large onion into slices, and took a slice of raw meat, and put them into -the same vessel, and poured rather more than a pint of warm water upon -the mixture, with the view of making an infusion; I allowed it to infuse -for some hours; I then took a quantity of the liquid or infusion so -prepared, and I applied to it the same tests:—first, the sub-carbonate -of potash in solution, I then added the sulphate of copper in solution, -the two tests which I understood Dr. Edwards had used. - -And what was the effect produced?—A green precipitate was instantly -formed. - -Was that experiment then complete?—It was, my Lord. - -Any thing else?—Yes, my Lord; with another portion of the liquor I tried -this other experiment;—I put in some sub-carbonate of potash in -solution, I then added the sub-nitrate of silver, or lunar caustic, and -a yellow precipitate was produced. - -Is there any thing farther you would wish to say as to those -experiments?—Yes, my Lord; I used the same tests as I understood Dr. -Edwards had used. - - (_Witness withdrew._) - - _Mr. Samuel Luscombe_ (examined by Mr. Sergt. Pell.) - -You are the Surgeon of the Exeter Hospital?—Yes, Sir. - -How long have you been in that situation?—For fifteen or sixteen years. - -During the course of that time, you have had an opportunity of examining -many bodies?—I have. - -Have you heard Dr. Edwards give his evidence to-day?—I have. - -From the account which he has given, what would be your judgment as to -the cause of that death, it being added that the person who died had -violent retchings and purgings?—I should consider that those violent -retchings and purgings had exhausted her, and had caused the death. - -Putting out of your view those violent affections of the stomach, could -you account for the cause of the inflammation?—I could not, unless from -discovering some poison in the coats of the stomach at the time. - -Have you known, in the course of your practice, many instances of -Cholera Morbus?—I have known a great many. - -What do you consider to be the immediate cause of Cholera Morbus?—A -redundancy of bile and humours upon the stomach. - -If inflammation be found upon the stomach after it is opened, what -appearance would it put on?—The internal coats of the stomach would be -very red in various parts, and the colour very florid; but in the course -of two or three days it would become more dark. - -That is, it would have a stellated appearance?—I never opened the body -of a person who had died of Cholera Morbus. - - - - - The Defence of _Eugene Aram_, for the murder of _Daniel Clarke_. - - -As this trial has excited very extraordinary interest, and presents -illustrations of several points connected with Medico-legal -investigations, we shall offer to our readers a brief outline of the -case, and introduce the ingenious defence which the prisoner composed -and read at his trial. In the year 1745, Clarke, a shoemaker, at -Knaresborough, in Yorkshire, was induced by Eugene Aram and Richard -Houseman, to purchase a variety of valuable articles of plate and -jewellery, in consequence of having married a woman who had many rich -relations, and who, by an ostentatious display of this kind, might -conclude that Clarke was rich, and in consequence of such belief make -him their heir. No sooner had Clarke yielded to the persuasion of these -men, and became in consequence possessed of many valuable goods, than -Eugene Aram and Houseman murdered him, in February 1745, and buried his -body in a field near the town, and having shared Clarke’s treasure, they -decamped.—Clarke being at the time very much in debt, was supposed to -have gone abroad, and every inquiry ceased until the year 1758, when a -person, as he was digging for lime-stone near St. Robert’s cave, found -the bones of a human body, upon which a conjecture arose that they were -the remains of Daniel Clarke, who it was presumed might have been -murdered; and as Houseman was seen in the company of Clarke a short time -before his disappearance, he was immediately apprehended on suspicion, -when having lost his self-possession he imprudently exclaimed that -_those_ were not the bones of Clarke, for they were buried in a -different place! and subsequently he stated the exact place where they -were deposited, and which were found accordingly. Soon after Houseman -was committed to the castle of York, it was discovered that Aram resided -in the character of a respectable school-master at Lynn, in Norfolk, on -which he was taken into custody, and conveyed to York castle, where at -the following summer assizes they were tried; after Houseman had given -his evidence, and all such collateral testimony had been received as -could be adduced on such an occasion, Aram delivered the following -ingenious defence. - - - “_My Lord_, - -“I know not whether it is of right, or through some indulgence of your -Lordship, that I am allowed the liberty at this bar, and at this time to -attempt a defence, incapable and uninstructed as I am to speak. Since, -while I see so many eyes upon me, so numerous and awful a concourse, -fixed with attention, and filled with, I know not what expectations, I -labour not with guilt, my Lord, but with perplexity. For having never -seen a court but this, being wholly unacquainted with law, the customs -of the bar, and all judicial proceedings, I fear I shall be so little -capable of speaking with propriety in this place, that it exceeds my -hope if I shall be able to speak at all. - -“I have heard, my Lord, the indictment read; wherein I find myself -charged with the highest crime, with an enormity I am altogether -incapable of, a fact, on the commission of which there goes far more -insensibility of heart, more profligacy of morals, than ever fell to my -lot. And nothing possibly could have admitted a presumption of this -nature, but a depravity not inferior to that imputed to me. However, as -I stand indicted at your Lordship’s bar, and have heard what is called -evidence adduced in support of such a charge, I very humbly solicit your -Lordship’s patience, and beg the hearing of this respectable audience, -while I, single and unskilful, destitute of friends, and unassisted by -counsel, say something perhaps like argument in my defence. I shall -consume but little of your Lordship’s time, what I have to say will be -short, and this brevity probably will be the best part of it; however, -it is offered with all possible regard, and the greatest submission to -your Lordship’s consideration, and that of this honourable court. First, -my Lord, the whole tenor of my conduct in life contradicts every -particular of this indictment. Yet had I never said this, did not my -present circumstances extort it from me, and seem to make it necessary. -Permit me here, my Lord, to call upon malignity itself, so long and so -cruelly busied in this prosecution, to charge upon me any immorality, of -which prejudice was not the author. No, my Lord, I concerted no schemes -of fraud; projected no violence; injured no man’s person or property; my -days were honestly laborious; my nights intensely studious. And I humbly -conceive my notice of this, especially at this time, will not be thought -impertinent or unseasonable, but at least deserving some attention, -because, my Lord, that any person, after a temperate use of life, a -sense of thinking and acting regularly, and without one single deviation -from sobriety, should plunge into the very depth of profligacy, -precipitately and at once, is altogether improbable and unprecedented, -and absolutely inconsistent with the course of things. Mankind is never -corrupted at once, villany is always progressive, and declines from -right, step after step, till every regard of probity is lost, and every -sense of moral obligation totally perishes. - -“Again, my Lord, a suspicion of this kind, which nothing but malevolence -could entertain, and ignorance propagate, is violently opposed by my -very situation at that time with respect to health: for but a little -space before I had been confined to my bed, and suffered under a very -long and severe disorder, and was not able for half a year together so -much as to walk. The distemper left me indeed, yet slowly and in part, -but so macerated, so enfeebled that I was reduced to crutches; and so -far from being well about the time I am charged with this fact, that I -never to this day perfectly recovered. Could then a person in this -condition take any thing into his head so unlikely, so extravagant? I, -past the vigour of my age, feeble and valetudinary, with no inducement -to engage, no ability to accomplish, no weapon wherewith to perpetrate -such a fact, without interest, without power, without motive, without -means. - -“Besides, it must needs occur to every one, that an action of this -atrocious nature is never heard of, but, when its springs are laid open, -it appears that it was to support some indolence, or supply some luxury; -to satisfy some avarice, or oblige some malice; to prevent some real, or -some imaginary want; yet I lay not under the influence of any one of -these. Surely, my Lord, I may consistent with both truth and modesty -affirm thus much; and none who have any veracity and knew me, will ever -question this. In the second place, the disappearance of Clarke is -suggested as an argument of his being dead; but the uncertainty of such -an inference from that, and the fallibility of all conclusions of such a -sort, from such a circumstance, are too obvious and too notorious to -require instances; yet superseding many, permit me to procure a very -recent one, and that afforded by this castle. In June 1757, William -Thompson, for all the vigilance of this place in open daylight and -double ironed, made his escape; and notwithstanding an immediate enquiry -set on foot, the strictest search and all advertisement, was never heard -of since. If then Thompson got off unseen through all these -difficulties, how very easy was it for Clarke, when none of them opposed -him? But what would be thought of a prosecution commenced against any -one seen last with Thompson. Permit me next, my Lord, to observe a -little upon the bones which have been discovered. It is said, which -perhaps is saying very far, that these are the skeleton of a man. It is -possible indeed it may: but is there any certain known criterion, which -incontestably distinguishes the sex in human bones? Let it be -considered, my Lord, whether the ascertaining of this point, ought not -to precede any attempt to identify them. The place of their depositum -too claims much more attention than is commonly bestowed upon it; for, -of all places in the world, none could have mentioned any one, wherein -there was greater certainty of finding human bones than a hermitage, -except he should point out a church-yard; hermitages, in times past, -being not only places of religious retirement, but of burial too. And it -has scarce or never been heard of, but that every cell now known -contains or contained the relicts of humanity, some mutilated and some -entire. I do not inform, but give me leave to remind your Lordship, that -here sat solitary sanctity, and here the hermit or the anchoress, hoped -that repose for their bones, when dead, they here enjoyed when living. -All the while, my Lord, I am sensible this is known to your Lordship, -and many in this court, better than to me. But it seems necessary to my -case that others, who have not at all perhaps adverted to things of this -nature, and may have concern in my trial, should be made acquainted with -it. Suffer me then, my Lord, to produce a few of many evidences, that -these cells were used as repositories of the dead, and to enumerate a -few in which human bones have been found as it happened in this -question; lest to some, that accident might seem extraordinary, and -consequently occasion prejudice. - -1st. The bones, as was supposed, of the Saxon St. Dubritius were -discovered buried in his cell at Guy’s Cliff near Warwick, as appears -from the authority of Sir. W. Dugdale. - -2d. The bones, thought to be those of the anchoress Rosia, were but -lately discovered in a cell at Royston, entire, fair, and undecayed, -though they must have lain interred for several centuries, as is proved -by Dr. Stukely. - -3d. But my own country, nay almost this neighbourhood, supplies another -instance, for in Jan. 1747 were found by Mr. Stovin, accompanied by a -rev. gentleman, the bones, in part, of some recluse, in the cell at -Lindholm near Hatfield. They were believed to be those of William of -Lindholm, a hermit, who had long made this cave his habitation. - -4th. In Feb. 1744 part of Hoburn Abbey being pulled down, a large -portion of a corpse appeared, even with the flesh on, which bore cutting -with a knife; though it is certain this had lain above 200 years, and -how much longer is doubtful, for this Abbey was founded in 1145, and -dissolved in 1538 or 9. - -“What would have been said, what believed, if this had been an accident -to the bones in question? Farther, my Lord, it is not yet out of living -memory, that a little distance from Knaresborough in a field, part of -the manor of the worthy and patriot baronet, who does that borough the -honor to represent it in Parliament, were found in digging for gravel, -not one human skeleton only, but five or six, deposited side by side, -with each an urn placed at its head, as your Lordship knows was usual in -ancient interments. About the same time, in another field, almost close -to this borough, was discovered also, in searching for gravel, another -human skeleton; but the piety of the same worthy gentleman ordered both -pits to be filled up again, commendably, unwilling to disturb the dead. -Is the invention of these bones forgotten, then, or industriously -concealed, that the discovery of those in question may appear the more -singular and extraordinary? whereas, in fact, there is nothing -extraordinary in it. My Lord, almost every place conceals such remains. -In fields, in hills, in highway sides, in commons, lie frequent and -unsuspected bones. And our present allotments for rest for the departed -is but of some centuries. - -“Another particular seems not to claim a little of your Lordship’s -notice, and that of the gentlemen of the jury, which is that perhaps no -example occurs of more than one skeleton being found in one cell; and in -the cell in question was found but one, agreeable in this to the -peculiarity of every other known cell in Britain. Not the invention of -one skeleton, but of two, would have appeared suspicious and uncommon. -But it seems another skeleton has been discovered by some labourer, -which was full as confidently asserted to be Clarke’s as this. My Lord, -must some of the living, if it promotes some interest, be made -answerable for all the bones which earth has concealed and chance -exposed? and might not a place where bones lay, be mentioned by a person -by chance, as well as found by a labourer by chance? or is it more -criminal accidentally to name where bones lie, than accidentally to find -where they lie? Here too is a human skull produced, which is fractured; -but was this the cause, or was it the consequence of death? was it owing -to violence, or was it the effect of natural decay? if it was violence, -was that violence before or after death? My Lord, in May 1732 the -remains of William Lord Archbishop of this province, were taken up by -permission, in this cathedral, and the bones of the skull were broken, -yet certainly he died by no violence offered to him alive, that could -occasion that fracture there. Let it be considered, my Lord, that upon -the dissolution of religious houses, and the commencement of the -reformation, the ravages of those times affected both the living and the -dead. In search after imaginary treasures, coffins were broken up, -graves and vaults dug open, monuments ransacked, and shrines demolished; -and it ceased about the beginning of the reign of Queen Elizabeth. I -entreat your Lordship, suffer not the violence, the depredations, and -the iniquities of those times to be imputed to this. Moreover, what -gentleman here is ignorant that Knaresborough had a castle, which though -now a ruin, was once considerable both for its strength and garrison? -All know it was vigorously besieged by the arms of Parliament, at which -siege in sallies, conflicts, flights, pursuits, many fell in the places -round it, and where they fell were buried, for every place, my Lord, is -burial earth in war; and many questionless of these, rest yet unknown, -whose bones futurity shall discover. I hope, with all imaginable -submission, that what has been said will not be thought impertinent to -this indictment; and that it will be farther from the wisdom, the -learning, and the integrity of this place, to impute to the living, what -fury in its zeal may have done; what nature may have taken off and piety -interred; or what war alone may have destroyed, alone deposited. As to -the circumstances that have been raked together I have nothing to -observe, but that all circumstances whatever are precarious, and have -been but too frequently found lamentably fallible; even the strongest -have failed. They may rise to the utmost degree of probability, yet they -are but probability still. Why need I name to your Lordship the two -Harrisons recorded by Dr. Howel, who both suffered upon circumstances, -because of the sudden disappearance of their lodger, who was in credit, -had contracted debts, borrowed money, and went off unseen, and returned -a great many years after their execution? Why name the intricate affair -of Jaques du Moulin under King Charles 2d, related by a gentleman who -was counsel for the crown? and why the unhappy Coleman who suffered -innocent, though convicted upon positive evidence, and whose children -perished for want, because the world uncharitably believed the father -guilty? Why mention the perjury of Smith, incautiously admitted king’s -evidence, who to screen himself equally accused Faircloth and Loveday of -the murder of Dun, the first of whom in 1749 was executed at Winchester, -and Loveday was about to suffer at Reading, had not Smith been proved -perjured to the satisfaction of the court, by the Surgeon of Gosport -hospital. Now, my Lord, having endeavoured to shew that the whole of -this process is altogether repugnant to every part of my life, that it -is inconsistent with my condition of health about that time, that no -rational inference can be drawn, that a person is dead who suddenly -disappears, that hermitages were the constant repositories of the bones -of the recluse, that the revolutions in religion or the fortune of war, -has mangled or buried the dead; the conclusion remains perhaps no less -reasonably than impatiently wished for. I at last, after a year’s -confinement equal to either fortune, put myself upon the candour, the -justice, and the humanity of your Lordship, and upon yours, my -countrymen, gentlemen of the jury.” - - - FINIS. - - --------------------------------------------------------- - - LONDON: - Printed by W. Phillips, George Yard, Lombard St. - - - - - PUBLICATIONS - - BY WILLIAM PHILLIPS, - - _George Yard, Lombard Street, London_. - - -PHARMACOLOGIA; comprehending the Art of Prescribing upon fixed and -scientific principles; together with the History of Medicinal -Substances. By J. A. Paris, M.D. F.R.S. F.L.S. Fellow of the Royal -College of Physicians of London; Honorary Member of the Board of -Agriculture; Fellow of the Philosophical Society of Cambridge; and of -the Royal Medical Society of Edinburgh; and late Senior Physician to the -Westminster Hospital, &c. &c. &c. 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Folie. - -Footnote 3: - - See vol. 2. page 155 of the present work, where this subject is very - fully considered. - -Footnote 4: - - See note at page 269 of vol. 2. - -Footnote 5: - - _Aretæus_ asserts that immoderate perturbation of mind, consternation, - fear, despondency, sudden and violent joy, immoderate laughter, &c. - have produced apoplexy, (_De Signis et Caus: Diut: Morb: Lib. 1, c. - 7_.) _Forestus_ (p. 509) relates the case of a gentleman of plethoric - habit, and hereditarily disposed to the disease, who, on receiving - information of the sudden death of an intimate friend, was instantly - seized with a tremor of the left foot, and soon afterwards with - apoplexy. We beg to refer the reader to _Dr. Cooke’s_ valuable and - learned work on Nervous Disorders, vol. 1, p. 217, where the author - has collected with much industry a variety of cases in illustration of - this subject. - -Footnote 6: - - A Manual for the Student of Anatomy, containing rules for displaying - the structure of the body, so as to exhibit the elementary views of - anatomy, and their application to pathology and surgery, by _J. Shaw_; - being an outline of the demonstrations delivered by him to the school - of Great Windmill-street. 8vo. p. 342. London, 1821. We have been much - pleased with this useful little work. - -Footnote 7: - - _Cooke_ on Nervous Disease, vol. 1, p. 176. In some few instances, - however, death takes place immediately in this disease. _Dr. Kirkland_ - speaking of apoplexy, in which there is an instantaneous extinction of - the vital principle, relates the case of a mantua-maker, who being at - work, was talking cheerfully with some of her friends about her, when - her hands dropped down upon her lap, and she was perfectly dead. - _Forestus_ relates several similar cases, but hesitates in pronouncing - them apoplexy. We have no doubt but that the greater proportion of - sudden deaths depend upon diseases of the heart. - -Footnote 8: - - See the trial of _Lawrence Braddon_ and _Hugh Spake_, for a - misdemeanour, in suborning witnesses to prove the Earl of Essex was - murdered by his keepers. Feb. 7, 1683. _Sta. Tri._ vol. iii. - -Footnote 9: - - See our observations upon this phenomenon at page 13 of the present - volume. - -Footnote 10: - - _Dr. Badenoch_, in a work on the diseases of India, ascertained by - repeated and accurate experiments, that the heat of those who die - apoplectic from a “_coup de soleil_,” or “_insolation_,” as it is - termed, continues for a considerable time several degrees higher than - the natural standard; in one case, the heart felt to his hand as if it - had been five or six degrees higher than in life and health, - notwithstanding the body had been dead twenty-four hours. - -Footnote 11: - - Elements of Juridical or Forensic Medicine. Edit. 2, p. 101. - -Footnote 12: - - See experiments by _Dr. Gibbs_, on Adipocire, in the Philosophical - Transactions for 1794, part ii, and for 1795. - -Footnote 13: - - See “Genuine Memoirs of the life of _Sir John Dinely Goodere, Bt._” - _&c._ by _Samuel Foote_. Also State Trials. - -Footnote 14: - - “Genuine trial of _Margery Beddingfield_ and _Richard Ringe_, for - petty treason and murder. London 1762.” - -Footnote 15: - - See State Trials, vol. ii, p. 756; see also _Burnett’s_ Hist. of his - own times, vol. 1, p. 445. - -Footnote 16: - - The whole proceedings before the Coroner’s inquest at Oldham, &c. on - the body of _John Lees_, who died of sabre wounds at Manchester; taken - in short hand by _A. Dowling_. London, _Hone_, 1820. - -Footnote 17: - - Vol. x, _Appendix_, p. 29. - -Footnote 18: - - In the case of _Patch_, who was left-handed, it was clearly shown by - the relative position of the deceased, and the door from which he was - shot, that the murderer must have exposed his person to the view of - the deceased, unless he fired with the left hand. The guilt of _Patch_ - was for some time doubted, but the discovery of the pistol in the - neighbouring dock a few years ago, has supplied the only link which - was wanting to make the evidence against him complete. - -Footnote 19: - - See “An account of the symptoms and death of the sailors who were - affected in consequence of a fire having been kindled in the hold of - their vessel, and their neglecting to leave the hatches open, by _Dr. - King_.” Edinb. Med. and Surg. Journ. no. 26, April, 1811. - -Footnote 20: - - If in addition to the presence of water in the stomach any weeds be - found, the presumption is strengthened that the person had been - drowned. This occurred in the case of _Mary Ashford_, the vegetable - matter discovered in the stomach corresponded with that with which the - pool was covered. - -Footnote 21: - - Teichmeyer Inst. Med. Leg. p. 176. - -Footnote 22: - - De Morb. Vulg. lib. v, sect. vii, 27. - -Footnote 23: - - Recherches Anatomico-Pathologiques sur l’Encephale et Ses Dependances, - par _F. Lallemand_. Paris 1820-21. - -Footnote 24: - - In three cases in which these deposits were found in contact with the - olfactory nerve, the patients had suffered much for a considerable - time, previous to death, from the sensation of unpleasant odours. - -Footnote 25: - - See cases illustrative of the Pathology of the Brain, by _R. Powell_, - M.D. Med. Trans. vol. 5. _Dr. Martinet_ describes a well marked case - of _Arachnitis_, complicated with fracture of the cranium. Bulletin de - l’Athenée de Med. de Paris. - -Footnote 26: - - _Baillie’s_ Morbid Anatomy. - -Footnote 27: - - The reader will also be very much amused by the account of the - dissection of _Charles_ II, and of the appearances which supported the - idea of his having died from poison. _Burnett’s Hist. of his own - times_, vol. ii, p. 230. - -Footnote 28: - - The case of _John Lees_, which formed the subject of the Oldham - inquest, appears in this respect to have borne some analogy; see also - the case related by _Baron Larey_, p. 15. - -Footnote 29: - - _Surgical Observat._ - -Footnote 30: - - _Cobbett’s_ State Trials, vol. ii, p. 503. - -Footnote 31: - - We have already alluded to such a cause of suffocation, (see p. 58 and - 438.) The following instructive case has been transmitted to us by - _Mr. Alcock_, whose zeal and acumen in anatomical researches are as - honourable to himself, as they are useful to the profession of which - he is so active a member. - - “_Wm. Thompson_, æt. 36, formerly a soldier of the 27th regt. late a - watchman of St. James’s parish, had had three fits, stated to be - epileptic, within the last two years. - - “Dec. 9th 1821, he was attacked by another fit, having the usual - character of epilepsy, which terminated fatally. In the morning he - appeared in his usual health, and had remarked to his wife that “he - was as well as ever he had been in his life.” He ate largely of pork, - with sage and onions, for dinner, about one o’clock. About five he was - rather unwell, and a little before six “went off in a fit.” He had - frequent convulsions “as rapidly as he could have them,” (his wife’s - statement) from the time he was taken ill till he died. There was no - sickness—no vomiting. He had lain upon his back for some time; he was - turned upon his side and suddenly expired. He never spoke from the - time of the attack till his death, A week previously he had complained - of head-ache, but not on the day of his illness. He was extremely - subject to flatulence. He did not cough at any time during the attack - which immediately preceded his death. For some years past he had been - unable to lie upon his right side. - - “He was largely bled from the arm; cold applications were freely - applied to the head, with some temporary mitigation of the - convulsions. Some medicines were directed, but as the state of - insensibility in which he was, precluded swallowing, it may be doubted - whether they ever reached his stomach. His pulse was full and - frequent, but he was too unsteady to allow it to be counted. The - pupils were contracted to points; but on the recurrence of the - convulsions became widely dilated. After the cold affusion over the - head, and as the convulsions abated, they gradually contracted. - - “The examination of the morbid appearances was made, four days after - death, by _Mr. Alcock_, in the presence of _Mr. C. T. Haden_, surgeon, - and others. - - “_External appearances_, those of a very athletic, muscular subject. - No external appearance of injury. Slight shew of putrefaction on the - abdominal parietes. - - “_The head_ was carefully and minutely examined. The vessels of the - brain were distended with blood, but in no degree sufficient to - explain the cause of death. The brain was firm and natural in every - part. The choroid plexus of the right side was studded with a few - small hydatid-like vesicles. The spinal marrow, as far as could be - seen through the foramen magnum, was free from disease. The ventricles - contained about two fluid drachms of liquid, and about the same - quantity was found in the base of the skull when the brain was - removed. - - “_The chest._ The right lung adhered universally, but its structure - was natural; the left lung was somewhat gorged with blood; no - preternatural adhesions. About from four to eight ounces of bloody - fluid in the left cavity of the chest. The heart was loaded with fat, - and had on the outer surface of the right ventricle a patch of lymph - like a thin layer of coagulated albumen. Several smaller spots of the - same kind on the right auricle; but none of them penetrated into the - substance. - - “_Abdomen._ The liver adhered in numerous parts, and very extensively - to the peritoneum. The stomach was enormously large and distended with - food and air; the small intestines were also somewhat more distended - than usual, but exhibited no appearance of disease sufficient to - account for the death of the patient. The spleen was small and - unhealthy, having several white patches on its surface. - - “Thus far no satisfactory explanation of the cause of death appeared. - And here, according to the usual mode of conducting examinations, the - investigation would have terminated, but I consider it essential in - every case to examine the air-passages. On examining the bronchiæ of - the left side, the principal ramifications and some of the smaller - were filled with a pultaceous substance of a dirty greenish hue and - heterogenous texture, resembling food which had undergone some degree - of digestion: it completely filled the left bronchia. The right - bronchia and its ramifications were quite filled with similar matter, - and the trachea was also completely filled at the lower part, so that - breathing in such a state must have been impossible. That the matter - filling up the air passages consisted of chyme from the stomach became - evident, from its perfect similarity to that which remained in the - stomach.” - - Since the receipt of the above interesting communication from _Mr. - Alcock_, we have found upon an inquiry amongst the carcase butchers, - that the presence of food in the pulmonary passages is by no means a - rare occurrence in those animals that have been struck on the head. - -Footnote 32: - - Morbid Anatomy, p. 37.—Med. Observ. vol. iv, p. 380—Memoirs of Med. - Soc. vol. i, p. 228. - -Footnote 33: - - Medico-Chirurg. Trans, vol. i; and the present work vol. ii, p. 30. - -Footnote 34: - - Feb. 1822, vol. xvii. - -Footnote 35: - - Vol. iii, p. 577. - -Footnote 36: - - See also “Cases of Ruptured Spleen and Liver from external injury,” by - _Dr. Chisholm_. Edinb. Med. and Surg. Journ. for July, 1811. - -Footnote 37: - - See the case of _Bartholomew Quain_, vol. ii, p. 123. - - In the year 1801 _Richard Starke_ was executed at Newgate for the - wilful murder of _Mary_, his wife, in Clement’s Lane, by dragging her - on the floor by the hair of her head, and inhumanly kicking her. _Mr. - Crowther_ and _Mr. Andre_, surgeons, were of opinion that she died in - consequence of the rupture of the spleen, which appeared to them to - have been occasioned by bruises. - -Footnote 38: - - _Lieutaud._ T. I, p. 319 and 333. - -Footnote 39: - - Principles of Midwifery, edit. 4, page 451. - -Footnote 40: - - See a paper in the Philosophical Transactions, no. 309, p. 2387, - entitled “Balls of hair taken from the uterus and ovaria of several - women, by _Mr. James Yonge_.” - -Footnote 41: - - See our Physiological History of Conception and Utero-gestation, vol. - i, p. 230.—_Dr. Blundell’s_ Memoir, entitled “Experiments on a few - controverted points respecting the Physiology of Generation.” - _Medico-Chirurg. Trans._ _vol._ x, _p._ 245. - -Footnote 42: - - In the year 1788, _Blumenbach_ shewed that _corpora lutea_ may exist - in the ovaries of virgins (Comment. Soc. Reg. Scient. Gotting. vol. - ix.) _Cuvier_ has also noticed the appearance of cicatrices in the - ovaria of women who had never known any intercourse with the male. - -Footnote 43: - - Wilson on the Bones and Joints, p. 110. - -Footnote 44: - - It was the custom of the ancients to exhibit in the same sculpture in - Bas relief, men of very different dimensions, of making kings and - conquerors gigantic in stature, while their subjects and vassals were - represented as only a fourth or fifth part of their size. This must - have given origin to the fable of Giants and Pigmies; while a belief - in such tales has been supported by the discovery of gigantic bones, - which have through ignorance been received as human remains, but - which, as SIR HANS SLOANE in an interesting paper in the PHILOSOPHICAL - TRANSACTIONS (No. 404, p. 497,) very truly observes, are nothing more - than the bones and teeth of Elephants or Whales: thus, says he, the - fore fin of a whale, stripped of its web and skin, was not long since - publicly shewn for the bones of a giant’s hand. The same explanation - applies to those pretended skeletons of Giants of 12, 20, and 30 - cubits high, as mentioned by _Philostratus_. The skeleton of 46 cubits - which, according to Pliny (_Hist. Nat._ _Lib._ vii. _c._ 16,) was - found in the cavity of a mountain in Crete, upon its overthrow by an - earthquake. The skeleton 60 cubits high which _Strabo_ (Lib. 17) says - was found near Tangis (Tangier) in Mauritania, and supposed to be that - of Antæus. To which list maybe added the skeleton of Asterius, son of - Anactes—10 cubits. That of Orestes, dug up by special command of the - Oracle, 7 cubits, &c. &c. - -Footnote 45: - - In a lecture on “Mathematical Beauty,” delivered by _Professor Camper_ - in the Academy of Drawing at Amsterdam, this celebrated physiologist - has shewn that in tracing the figures of the body of the male and - female in two imaginary ellipses of equal dimensions, a portion of the - pelvis of the latter would be out of the ellipse, and her shoulders - within it; whereas in the former, the shoulders would project beyond - the limits of the figure, and his pelvis, on the contrary, would be - entirely enclosed within it. - -Footnote 46: - - _Sir M. Hale_ (_1 P. C._ 433) says, it cannot be legally known whether - it were killed or not; and adds, “so it is if after such child were - born alive and _baptized_, and after dies of the stroke given to the - mother, this is not homicide.” It is difficult to conceive why the - term _baptized_ was introduced in this dictum: for whether it were the - child of Jew, Turk, or Anabaptist, it is equally entitled to the - protection of the law. - -Footnote 47: - - The Roman Emperor, at a congress held at Constantinople in 692, - ordained, that it should be punished with the same rigour as homicide; - and severe statutes were enacted against it by _Antonine_, as early as - the 161st year of the christian era. - -Footnote 48: - - _Exodus_, _c._ xxi. A case illustrative of this law occurred at - Stafford in the year 1811; when a man was executed for the murder of - his wife, whose death he occasioned by inducing abortion, through - extreme violence, as by elbowing her in bed, rolling over her, &c. - -Footnote 49: - - By the _Stat._ 21 _Jac._ _c._ 27. If a woman delivered of issue, which - being born alive would be a bastard, endeavour by burying, drowning, - &c. by herself or others, so as to conceal its death, that it may not - appear, whether born alive or not, it is _murder_, unless she prove by - one witness at least, that it was born dead. _Ba. Abr. tit. Bastard._ - -Footnote 50: - - We are strongly inclined to believe the assertion, that where the - severity of a statute is excessive, judges, juries, and prosecutors, - enter into a league to defeat its rigor. - -Footnote 51: - - The law of Scotland was yet more severe; the mere fact of concealing - the pregnancy, whether the death of the child were proved or not, was - a capital felony. See 1 _Hume’s Com._ 287, and 1 _Burnet’s Crim. Law_, - tit. _Child-murder_, and many cases there cited. The child of - _Margaret Dickson_, to whose case we have alluded, _vol._ ii, _p._ 91, - was legitimate. - -Footnote 52: - - III. “And whereas doubts have been entertained respecting the true - sense and meaning of a certain Act of Parliament made in England, in - the twenty-first year of the reign of his late Majesty King _James_ - the first, intituled, _an act to prevent the destroying and murthering - of bastard children_, and also of a certain Act of Parliament, made in - Ireland in the sixth year of the reign of her late Majesty Queen - _Anne_, intituled, _an act to prevent the destroying and murthering of - bastard children_; and the same have been found in sundry cases, - difficult and inconvenient to be put in practice;” for remedy whereof, - be it enacted by the authority aforesaid, that, from and after the - first day of July in the year of our Lord one thousand eight hundred - and three, the said two several acts, and every thing therein - contained, shall be, and the same are hereby repealed; and that, from - and after the said first day of July, in the said year of our Lord one - thousand eight hundred and three, the trials in England and Ireland - respectively of women charged with the murder of any issue of their - bodies, male or female, which being born alive would by law be - bastard, shall proceed and be governed by such and the like rules of - evidence and of presumption as are by law used and allowed to take - place in respect to other trials for murder, and as if the said two - several acts had never been made. - - IV. Provided always, and be it enacted, that it shall and may be - lawful for the jury by whose verdict any prisoner charged with such - murder as aforesaid shall be acquitted, to find, in case it shall so - appear in evidence, that the prisoner was delivered of issue of her - body, male or female, which, if born alive, would have been bastard, - and that she did, by secret burying, or otherwise, endeavour to - conceal the birth thereof, and thereupon it shall be lawful for the - court before which such prisoner shall have been tried, to adjudge - that the prisoner shall be committed to the common gaol, or house of - correction, for any time not exceeding two years. - -Footnote 53: - - The act provides that if any person or persons shall wilfully and - maliciously administer to, or cause to be administered to or taken by - any woman any medicines, drug or other substance or thing whatsoever, - or _shall use or employ or cause or procure to be used or employed, - any instrument or other means whatsoever_ with intent thereby to cause - or procure the miscarriage of any woman not being or not being proved - to be quick with child at the time of administering such things, or - using such means, that then and in every such case, the person or - persons so offending, their counsellors, aiders, and abettors, knowing - of and privy to such offence, shall be and are hereby declared to be - guilty of felony, and shall be liable to be fined, imprisoned, set in - and upon the pillory, publicly or privately whipped, or to suffer one - or more of the said punishments, or to be transported beyond the seas - for any term not exceeding fourteen years, at the discretion of the - court before which such offender shall be tried and convicted. - -Footnote 54: - - At the Chelmsford Assizes. Aug 1820, _Robin Collins_ was indicted for - administering steel filings and penny-royal water to a woman, with the - intent to procure abortion. _Mr. Baron Wood_ told the jury, in point - of law, that if they were satisfied that the prisoner had administered - the drugs with intent to procure miscarriage, though they were - incapable of producing such effect, and though the young woman had - willingly _consented_ to take them, the case was within the statute, - and they were bound to find the prisoner guilty. The jury immediately - found the prisoner guilty. The learned judge expressed himself - perfectly satisfied with the verdict, and animadverted in strong terms - on the enormity and cruelty of the prisoner’s crime; public example - required the severest visitation of punishment that the law - authorised, in order to warn others against committing a similar - crime, which unhappily was too prevalent. The sentence of the Court - was that the prisoner should be transported for the term of fourteen - years. - -Footnote 55: - - Whereby it is enacted that “if any person shall wilfully, maliciously - and unlawfully administer to, or cause to be administered to or taken - by any of His Majesty’s subjects, any deadly poison or other noxious - and destructive substance or thing, with intent thereby to cause and - procure the miscarriage of any woman _then being quick with child_, - the offender shall suffer death as in cases of felony without benefit - of clergy.” - -Footnote 56: - - By the law of most countries this crime is punished with more severity - if committed after the _quickening_ of the child, than before. The - Roman Penal Code made the same distinction. By the decretals of the - canon law (_p._ ii, _causs._ 32, _p._ ii, _c._ 8), “_Non est homicida, - quæ abortum procurat, antequam anima corporis sit infusa_.” - -Footnote 57: - - On this subject see “Physiological Illustrations of Utero-gestation”, - vol. i, p. 239. - -Footnote 58: - - _Wm. Pizzy_ and _Mary Codd_ were tried at _Bury St. Edmonds_, Aug. 11, - 1808, for feloniously administering a certain noxious and destructive - substance to _Ann Cheney_, with intent to produce a miscarriage. The - trial, taken in short hand by _Wm. Notcutt_, was published at - _Ipswich_ in 1808; but we have not been able to procure a copy; we - must therefore content ourselves with observing, on the authority of - the _Med. Journ._ that the Counsel for the prisoners objected to - receiving that part of the evidence which related to _Pizzy’s_ manual - operations upon _Ann Cheney_, as not relevant to the administration of - the medicines which alone constituted the capital crime; the objection - was over-ruled by the court, and the evidence was admitted for the - purpose of proving the _intention_ with which the medicines were - administered. The examination of _Ann Cheney_ before the magistrates - was as follows: - - “Saith that she is about the age of 27 years; that she has lived as - servant with _Mr. Simon Codd_, of Haughley, about 12 years last past; - that she is an unmarried woman, and was so in the month of February - 1806. That in the said month of February 1806, she was delivered of a - female bastard child; that she was alone when she was delivered, but - that she called out for assistance, but no one came for some minutes; - the child was born dead; she never saw it move, or heard it make a - noise. That soon after she found herself with child, she acknowledged - it to her mistress, _Codd_, and told her who was the father of the - child. Her mistress said, if she would take that which she would get - for her, she thought she could order it better than letting any body - know it. Soon after that, she saw _Mr. Pizzy_ of Middlesham, the - farrier; she told him what was the matter with her; he then gave her - some more medicines, and told her they were to make her miscarry. They - had not that effect; that she continued to take medicines from him - during her whole remaining time of pregnancy; she sometimes received - them from her mistress, and sometimes from _Pizzy_; that her mistress - knew what they were for, because she (her mistress) had told her what - they were for; that the medicines did not answer the intended purpose; - that about a week or ten days before she was delivered, _Mr. Pizzy_ - came, and upon her informing him that his medicines had not answered - the purpose, he said she must go up stairs with him, which she did; - they were alone; he laid her on the floor, on a great coat, upon her - back; she put the coat over her head, so that she could not see; she - then felt him put some instrument up into her body, which was very - cold, like iron; but she did not see it; that, in consequence, she - lost some blood, not very much nor very little—suppose about half a - pint; did not feel much pain. _Pizzy_ told her it was for the purpose - of making her miscarry. Her mistress was at home, and knew for what - purpose they went up stairs, but was not present. _Pizzy_ came again - the day before she was brought to bed. Examinant told him she had not - miscarried; he then said he must try something further; her mistress - was present, and heard this. _Pizzy_ and examinant went up stairs - again, but her mistress was not present. _Pizzy_ laid her down, as he - did before, on her back, and passed his hand three times up into her - body half way of his arm, which was naked, which gave her a great deal - of pain; and this examinant felt herself very wet, and never felt the - child move afterwards. Examinant thinks she had not gone her time by - six or seven weeks. She felt the child move after she was so first - treated by _Pizzy_, and till within a day or two before the second - time. She thinks she did not go her full time, from the treatment she - received from _Pizzy_.” - -Footnote 59: - - It is said that a surgeon and midwife have been since tried for this - crime before the Supreme Court of Justiciary, and sentenced to - fourteen years transportation. _Ibid._ - -Footnote 60: - - Abortio—Abortus, formed of _ab_ from, and _orior_ to be born. Among - the ancient physicians the term _Abactus_ or _Abigeatus_, was used for - a miscarriage procured by art, or force of medicines, in - contradistinction to _Abortus_, which is natural. But the moderns - acknowledge no such distinction. - -Footnote 61: - - See our history of the Juniperus Sabina, vol. ii, p. 578. - -Footnote 62: - - It is a curious circumstance, that, although _Hippocrates_ prohibited - physicians from assisting in procuring abortion, he relates the case - of a young woman whom he had recommended to dance, and use other - violent exercise, for that purpose, in whom it produced the effect, - and without materially injuring the woman. - -Footnote 63: - - Amor. l. 2, eleg. 14. - -Footnote 64: - - Tertull. de Anima, apud oper. p. 323, ed _Rigalt_. - -Footnote 65: - - On the uncertainty of the signs of murder in the case of Bastard - Children. Read before the London Medical Society, and published in the - sixth volume of “Medical Observations and Inquiries.” - -Footnote 66: - - A dissertation on Infanticide, in its relations to Physiology and - Jurisprudence, by _W. Hutchinson_, M.D. Edit. 2, London 1821. - -Footnote 67: - - See our chapter on the methods of treating Asphyxia, vol. ii, p. 75. - -Footnote 68: - - We have no word in the English language so expressive as _viable_. - That adopted by Dr. _Gordon Smith_, _rearable_, is a very clumsy - substitute. The subject has been very fully discussed by _Professor - Capuron_, to whose most excellent work, entitled “La Medecine Legale, - relative a l’Art des Accouchemens,” we must refer the reader. - -Footnote 69: - - Dr. _Hutchinson_ states that the weight of the fœtus at the full term - of utero-gestation has generally been rated too high; apparently from - this having been stated from conjecture, rather than from the evidence - of the balance. - - It appears from the observations of _Dr. Hunter_, made at the British - Lying-in hospital, on the bodies of several thousand new-born and - perfect children, that the weight of the smallest was about _four - pounds_; and of the largest _eleven pounds two ounces_; that of by far - the greater proportion was from _five to eight pounds_. _Dr. Clarke’s_ - inquiries furnished nearly similar results; he found that the average - weight of male children was _seven pounds five ounces and seven - drachms_; and that of female, _six pounds eleven ounces and six - drachms_, (Phil. Trans. vol. lxxiv.) _Dr. Clark_, of Dublin, found it - vary from _four_ to _eleven pounds_. _Dr. Merriman_ states, in his - lectures, that he delivered one which weighed _fourteen pounds_, (it - was born dead,) and _Dr. Croft_ delivered one alive weighing _fifteen - pounds_. It is somewhat less in France than in England; of fifteen - hundred and forty-one examined by _Camus_, under circumstances similar - to the foregoing, the greatest weight was _nine pounds_, and of this - there were sixteen instances; the ordinary, from _five_ to _seven_; - and the average _six pounds and about a quarter_; there were - thirty-one instances in which it was as low as _three pounds_, - although _Baudelocque_ states that he saw several instances in which - the weight was about _ten pounds_, a few where it was _twelve_, and - one of _thirteen_. Subsequent observations on twenty thousand children - at the Hospice de la Maternité, at Paris, have shewn a few instances - where it has been _one hundred and sixty-eight ounces_, that is _ten - pounds and a half_, which has been the highest term. In Germany it - appears to be nearly the same as in France; for _Roederer_ states the - average weight to be from _five pounds_ to _six pounds and a - half_.—_Hutchinson, L. C._ - -Footnote 70: - - We have already given a scale of the dimensions of the skeleton of the - fœtus, according to the accurate observations of _M. Beclard_, vol. - iii, p. 75. - -Footnote 71: - - See _Dr. Merriman_ on difficult parturition, p. 51. - -Footnote 72: - - _Baglivi._ Op. Omnia, p. 299. - -Footnote 73: - - _Margaret Dickson_, whose remarkable resuscitation after execution we - have already noticed (vol. ii, p. 91) was convicted on the evidence of - a medical person, who deposed that the lungs of the child _swam in - water_. - -Footnote 74: - - De. Offic. Med. de Vulner. renunciat. - -Footnote 75: - - Op. Patholog. Pract. t.i. - -Footnote 76: - - De Fallaci Pulmon, Infant. Experiment. - -Footnote 77: - - On the uncertainty of the signs of murder in the case of bastard - children. - -Footnote 78: - - Memoires de l’Academie Royale des Sciences, Année, 1769. - -Footnote 79: - - Anatom. Reform. p. 71. - -Footnote 80: - - It should be understood, adds _Dr. Hutchinson_, that these children - had never been fed before they were placed in the _turning box_ at the - hospital; which, perhaps, with the want of due warmth, &c. may have - prevented their lungs being as much dilated as those of children of - the same age, under ordinary circumstances. - -Footnote 81: - - Stockholm, Acad. Hand. t. xx, p. 40. - -Footnote 82: - - Dissert. de Docimas. Pulm. Ploucq. - -Footnote 83: - - This author relates the results of four hundred examinations of bodies - of children made at the Hospice de la Maternité at Paris, for the - purpose of furnishing some evidence on this subject, and the results - of them are almost as various as it was possible for them to have - been, within a certain range. - -Footnote 84: - - Principles of forensic medicine, p. 336. - -Footnote 85: - - The umbilical cord generally separates from the navel on about the - _fifth_ day, and is almost always partially detached on the _fourth_; - the ulcerated surface is commonly healed by the _eighth_ or _ninth_ - day. - -Footnote 86: - - Principles of forensic medicine, p. 311. - -Footnote 87: - - See _vol._ i, _p._ 219, _tit. Supposititious Children_. - -Footnote 88: - - At this moment London is infested by numerous bands of infant - depredators, who in desperate hardihood, skill, perseverance, and - combination, emulate the oldest criminals; female infants are - permitted to walk the most public streets at mid-day, whose _apparent_ - age might bring their criminal associates within the statute _18 - Eliz._ The new vagrant act may give an useful stimulus to the police - on this point, however vexatious and impolitic it may be on others. - -Footnote 89: - - _Alice de Walborough_, æt. 13, was burnt for murdering her mistress. - -Footnote 90: - - At _Abingdon_ assizes, Feb. 23, 1629, before _Whitlock_ justice, one - _John Dean_, an infant between eight and nine years, was indicted, - arraigned, and found guilty of burning two barns in the town of - _Windsor_; and it appearing upon examination that he had malice, - revenge, craft, and cunning, he had judgment to be hanged, and was - hanged accordingly. _Note_, _1 H. P. C._ _p._ 25. At _Dorchester_ - assizes, March 1794, _Elizabeth Marsh_, aged 15 years, was convicted - of the murder of _John Nevil_, her grandfather, at _Morden_, and was - executed. - -Footnote 91: - - _Giles East_, a boy under 17 years of age, was convicted at the - Kingston Assizes of carnally knowing a girl of 9 years of age, (stat. - _18 Eliz._) and was executed Jan. 20, 1823. - -Footnote 92: - - At Bury assizes 1748, _William York_, a boy of ten years of age, was - convicted before Lord Chief Justice _Willes_ for the murder of a girl - of about five years of age, and received sentence of death: but the - Chief-Justice, out of regard to the tender years of the prisoner, - respited execution, till he should have an opportunity of taking the - opinion of the rest of the judges, whether it was proper to execute - him or not, upon the special circumstances of the case, which he - reported to the judges at Serjeant’s-inn in Michaelmas term following. - - The boy and girl were parish children, put under the care of a - parishioner, at whose house they were lodged and maintained; on the - day the murder happened, the man of the house and his wife went out to - their work early in the morning, and left the children in bed - together; when they returned from work, the girl was missing; and the - boy being asked what was become of her, answered that he had helped - her up and put on her cloaths, and that she was gone he knew not - whither. Upon this, strict search was made in the ditches and pools of - water near the house, from an apprehension that the child might have - fallen into the water. During this search, the man, under whose care - the children were, observed, that a heap of dung near the house had - been newly turned up; and upon removing the upper part of the heap, he - found the body of the child about a foot’s depth under the surface, - cut and mangled in a most barbarous and horrid manner. - - Upon this discovery, the boy, who was the only person capable of - committing the fact that was left at home with the child, was charged - with the fact, which he stiffly denied. - - When the coroner’s jury met, the boy was again charged, but persisted - still to deny the fact. At length, being closely interrogated, he fell - to crying, and said he would tell the whole truth. He then said, that - the child had been used to foul herself in bed; that she did so that - morning (which was not true, for the bed was searched and found to be - clean); that thereupon he took her out of the bed, and carried her to - the dung heap; and with a large knife, which he found about the house, - cut her in the manner the body appeared to be mangled, and buried her - in the dung heap; placing the dung and straw that was bloody under the - body, and covering it up with what was clean; and having so done, he - got water and washed himself as clean as he could. - - The boy was the next morning carried before a neighbouring justice of - the peace, before whom he repeated his confession, with all the - circumstances he had related to the coroner and his jury. The justice - of the peace very prudently deferred proceeding to a commitment, until - the boy should have an opportunity of recollecting himself. - Accordingly he warned him of the danger he was in if he should be - thought guilty of the fact he stood charged with, and admonished him - not to wrong himself: and then ordered him into a room, where none of - the crowd that attended should have access to him. - - When the boy had been some hours in this room, where victuals and - drink were provided for him, he was brought a second time before the - justice, and then he repeated his former confession: upon which he was - committed to gaol. - - On the trial evidence was given of the declarations before-mentioned - to have been made before the coroner and his jury, and before the - justice of the peace; and of many declarations to the same purpose - which the boy made to other people after he came to gaol, and even - down to the day of his trial; for he constantly told the same story in - substance, commonly adding that the devil put him upon committing the - fact. Upon this evidence, with some other circumstances tending to - corroborate the confessions, he was convicted. - - Upon this report of the Chief-Justice, the judges, having taken time - to consider it, unanimously agreed, - - 1st, That the declarations stated in the report were evidence proper - to be left to the jury. - - 2dly, That supposing the boy to have been guilty of this fact, there - are so many circumstances stated in the report, which are undoubtedly - tokens of what my Lord Chief-Justice _Hale_ somewhere calleth a - _mischievous discretion_, that he is certainly a proper subject for - capital punishment, and ought to suffer; for it would be of very - dangerous consequence to have it thought, that children may commit - such atrocious crimes with impunity. - - There are many crimes of the most heinous nature, such as in the - present case the murder of young children, poisoning parents or - masters, burning houses, _&c._ which children are very capable of - committing; and which they may in some circumstances be under strong - temptations to commit; and therefore, though the taking away the life - of a boy of ten years old may savour of cruelty, yet as the example of - this boy’s punishment may be a means of deterring other children from - the like offences; and as the sparing this boy, _merely on account of - his age_, will probably have a quite contrary tendency, in justice to - the public, the law ought to take its course; unless there remaineth - any doubt touching his guilt. - - In this general principle all the judges concurred: but two or three - of them, out of great tenderness and caution, advised the - Chief-Justice to send another reprieve for the prisoner; suggesting - that it might possibly appear on farther inquiry, that the boy had - taken this matter upon himself at the instigation of some person or - other, who hoped by this artifice to screen the real offender from - justice. - - Accordingly the Chief-Justice did grant one or two more reprieves; and - desired the justice of the peace who took the boy’s examination, and - also some other persons in whose prudence he could confide, to make - the strictest inquiry they could into the affair, and report to him. - At length he, receiving no farther light, determined to send no more - reprieves, and to leave the prisoner to the justice of the law at the - expiration of the last: but, before the expiration of that reprieve, - execution was respited till farther order, by warrant from one of the - Secretaries of State: and at the Summer assizes 1757, he had the - benefit of his Majesty’s pardon, upon condition of his entering - immediately into the sea-service. - -Footnote 93: - - There is a precedent in the register, _fol._ 309, _b_, of a pardon - granted to an infant within the age of seven years, who was indicted - for homicide: in this case the jury found, that he did the fact before - he was seven years old. _1 H. P. C._ _note_, _p._ 27. - -Footnote 94: - - See preceding _Note_. - -Footnote 95: - - Vide ante, vol. i, tit. Ideots and Lunatics. - -Footnote 96: - - If the _fact_ be found, he must be committed under the statutes 48 & - _49 Geo._ 3, for safe custody. See vol. i, p. 306. - -Footnote 97: - - “By the common law, if it be doubtful whether a criminal, who at his - trial is in appearance a lunatic, be such in truth or not, it shall be - tried by an inquest of office to be returned by the sheriff of the - county wherein the court sits, and if it be found by them that the - party only feigns himself mad, and he still refuse to answer, he shall - be dealt with as one that stands mute.” _1 Hawk. P. C._ _p._ 2, and - authorities there cited; as to standing mute see vol. 2, _p._ 56, and - _12 Geo._ 3, _c._ 20. - -Footnote 98: - - For the case of _Bellingham_ executed for the murder of _Mr. - Percival_, see Appendix to _Collinson_ on Lunacy. - -Footnote 99: - - _Lord Ferrers_ committed the murder of his steward _Johnson_ after - drinking porter to excess. See State Trials. _John Dey_ of Dereham, in - Norfolk, after a paroxysm of drunkenness rose in the middle of the - night, and cut the throats of his father and mother, ravished the - servant maid in her sleep, and afterwards murdered her! A somewhat - analogous case was presented to us in the history of _Nicholson_, who - murdered _Mr._ and _Mrs. Bonar_ at Chiselhurst. These men were, - however, condemned and executed. - -Footnote 100: - - Here again the law of the land is at variance with what we conceive to - be the law of Nature; and it is at variance with itself, for it is a - strange anomaly that by the law of real property, an infant _in ventre - sa mere_ may take an estate from the moment of its conception, and yet - be hanged four months afterwards for the crime of its mother. - -Footnote 101: - - This is another instance in which the question of superfœtation may - arise, for a woman, according to that doctrine, may be delivered of - one child, and at the same time be pregnant of another. - -Footnote 102: - - _Sir Mathew Hale_ says this case did occur at Aylesbury. - -Footnote 103: - - For the Scotch law on this subject see _Burnett_’s Crim. Law, 595. - -Footnote 104: - - Cases of mistaken identity have occurred more frequently than persons - unacquainted with the subject could suppose. We shall relate a few - instances. At the Old Bailey sessions, for September 1822, before the - Common Serjeant and Middlesex Jury, _Joseph Redman_ was indicted for - assaulting _William Brown_, on the King’s highway, and taking from his - person a gold watch, &c. his property. Prosecutor stated, on - cross-examination, that he knew a man of the name of _Greenwood_, so - much like the prisoner, with his hat on, that he should hardly know - one from the other. _Greenwood_ was in custody, and appeared at the - bar, when the similarity between them struck every body with - astonishment. The prisoner, _Redman_, proved an _alibi_, and the jury - returned a verdict of _not guilty_. We have frequently in the - preceding parts of our work alluded to the case of _Richard Coleman_, - a brewer’s clerk, who was indicted at the assizes held at Kingston, in - Surry, in March 1749, for the rape and murder of _Sarah Green_ on the - 23d of July preceding, when he was capitally convicted, and executed - on Kennington Common, on the 12th of April 1749. In this case, - _Coleman_ was positively sworn to by _Sarah Green_, just before her - death, as being one of the assailants. Two years after the execution - of this unfortunate man, it was discovered that _James Welch_, _Thomas - Jones_, and _John Nicholls_, were the persons who had treated _Sarah - Green_ in the inhuman manner which had occasioned her death. _John - Nicholls_ was admitted King’s evidence, and _Welch_ and _Jones_ were - accordingly convicted and executed. Another case in which the identity - of a person was erroneously sworn to, was that of _Mr. James_, a - tailor, who was robbed on the Dulwich road, by the notorious gang of - highwaymen that infested the environs of London, and was headed by a - person named _Cooper_, who, after a life of crime, suffered death for - the murder of _Saxby_, near Dulwich. In this case _Mr. James_ swore - positively to two soldiers in the Guards, who were accordingly tried - for the offence, but, fortunately, acquitted. A short time after this - event the same gang robbed one _Jackson_, a farmer, in a lane near - Croydon, for which robbery two farriers, named _Skelton_ and _Killet_, - were apprehended, and being tried at the ensuing assizes for Surry, - the latter was acquitted, but the former was convicted on the positive - oath of the person robbed, and, although innocent, suffered death. - - _Martin Clinch_, bookseller, and _James Mackley_, printer, were tried - at the Old Bailey, in 1797, before _Mr. Justice Grose_, for the wilful - murder of _Syder Fryer, Esq._ at the back of Islington workhouse, and - were convicted and executed. On this occasion the identity of the - prisoners was positively sworn to by _Miss Ann Fryer_, who was in - company with her cousin, the deceased, at the time of the robbery and - murder. Some years afterwards _Burton Wood_, who was executed on - Kennington common, and _Timms_, who suffered a similar fate at - Reading, severally confessed at the gallows the commission of the - deed, for which _Clinch_ and _Mackley_ had innocently suffered. To the - above interesting cases we may add that of _Robert_ and _Daniel - Perreau_ (twin brothers,) who were tried in 1775, and executed for a - forgery upon _Mr. Adair_. These persons so nearly resembled each other - that _Mr. Watson_, a money scrivener, who had drawn eight bonds, by - order of one or other of the brothers, hesitated to fix on either, in - consequence of their great personal resemblance; upon being pressed, - however, to make a positive declaration, he at length fixed upon - _Daniel_. The name of these unfortunate men is familiar to the public, - from the well known exclamation of our late king, upon being asked to - pardon _Dr. Dodd_, “if I _save Dodd_, I shall have _murdered_ the - _Perreaus_.” - - Upon the subject of personal identity, a curious question has - presented itself for discussion, which requires some notice on this - occasion—_the degree of light which may be necessary to enable an - observer to distinguish the features, so that the person maybe - hereafter identified_? In a case which occurred in France in 1809, of - a person shot in the night, it was stated that the flash of the pistol - enabled the witness to identify the features of the assassin. The - possibility of the statement was referred to the physical class of the - Institute, who reported against it. Still, however, _M. Foderé_, who - relates the circumstances, is inclined to believe that, if the persons - be at a small distance, and the night be dark, such an event is by no - means impossible. (_Med. Leg._ t. i, p. 28.) The following English - case may be here introduced in illustration of the question. “_John - Haines_ was indicted, _January 12, 1799_, for maliciously and - feloniously shooting at _H. Edwards_, _T. Jones_, and _T. Dowson_, - Bow-street officers, on the highway. _Edwards_ deposed that, in - consequence of several robberies having been committed near Hounslow, - he, together with _Jones_ and _Dowson_, were employed to scour that - neighbourhood; and that they accordingly set off in a post-chaise on - the evening of Saturday, November 10th, when they were attacked near - Bedfont by two persons on horseback, one of whom stationed himself at - the head of the horses, while the other went to the side of the - chaise. The night was dark, but _from the flash of the pistols_ he - could distinctly see that it was a dark-brown horse, between 13 and 14 - hands high, of a very remarkable shape, having a square head, and very - thick shoulders; and, altogether such that he could pick him out of - fifty horses; he had seen the horse since at _Mr. Kendall’s_ stables, - in Long Acre. He also perceived, _by the same flash of light_, that - the person at the side-glass had on a rough-shag, brown great coat.” - - Writers on forensic medicine have enumerated the various - circumstances, by which the countenance of an individual may be so - changed, as to defeat every attempt to identify him. _Foderé_ mentions - the following, _age; loss, or acquisition of fat; change in the colour - of the eyes or hair; the effects of climate, diet, diseases, and - passions of the mind_. These may also be metamorphosed by art. The - influence of mental anxiety in changing the countenance is universally - acknowledged— - - Danger, long travel, want, or woe, - Soon change the form that best we know; - For deadly fear can time outgo, - And blaunch at once the hair; - Hard toil can roughen form and face, - And want can quench the eye’s bright grace, - Nor does old age a wrinkle trace - More deeply than despair. - - _Marmion, Canto I._ - -Footnote 105: - - Or _Guillot’s_ daughter, so named from a physician of the name of - Guillot, its inventor; it is singular, that a somewhat similar engine, - which is or was preserved in the Tower of London, was called the - Maiden in Scotland, and in England the Earl of Exeter’s daughter. By - the same figure, the Gunner’s daughter is the carriage to which a - sailor is lashed for punishment. - -Footnote 106: - - In this opinion we are further confirmed by the debate in the House of - Commons, March 1823, on the case of Colonel _Allen_. - -Footnote 107: - - We have heard of Martinets of the old school who have reprimanded - their surgeons for such interference; we hope the instances are rare. - -Footnote 108: - - No person ought to be entrusted with the execution of any sentence, - who has been personally offended by the crime committed; for this - reason the commanding officer of a regiment, who has a direct personal - interest in the preservation of its discipline, and therefore may - entertain angry feelings towards offenders, is not the most proper - person to superintend executions. - -Footnote 109: - - This species of defence was set up in the case of _M‘Quirk_, who was - pardoned for the murder of _George Clarke_ at a contested election, - for Middlesex, (_see Foote’s_ Remarks.) We have again to report that - precedents ought not to be drawn from times of turbulence or political - dissention. - -Footnote 110: - - See _Apoth. Comp._ v. _Warburton_, _3 Barn. & Ald._ 46; _Apoth. Comp._ - v. _Roby_, K. B. Feb. 28, 1822; _Apoth. Comp._ v. _Barstow_, York - assizes Aug. 1822. - -Footnote 111: - - Skinner 568. 4 Inst. 251. 2 Brownl. 255, 256, &c. 1 Ld. Raym. 454. - -Footnote 112: - - 2 Brownl. 256, 260. - -Footnote 113: - - 14 & 15 H. 8. cap. 5. 1 Roll. 598. 4 Inst. 251. Rastal Physicians 3. 2 - Bulst. 185. Lit. Rep. 168, 169, 172, 212, 215, 246, 247, 248, 249. 1 - Jones 261. Cr. Jac. 121, 159, 160. Cr. Car. 256. Palm. 486. - -Footnote 114: - - 1 Mar. c. 9. Rastal’s Physicians 7. Lit. Rep. 169, 172, 173, 212, 213, - 215, 248, 249, 350, 351. 1 Jones 263. Cr. Car. 257. Cr. Jac. 121. 4 - Inst. 251. 2 Brownl. 257, 262, 265, 266. - -Footnote 115: - - 2 Brownl. 261, 262. - -Footnote 116: - - 14 & 15 H. 8. cap. 5. - -Footnote 117: - - 11 Co. 59. a. Co. Lit. 36. a. 2 Inst. 81. Hard. 305. - -Footnote 118: - - Rastal. Physician 1. - -Footnote 119: - - 14 & 15 H. 8. c. 5. 1 Roll. 598. 4 Inst. 251. Rastal Physician 3. 2 - Bulstr. 185. Lit. Rep. 168, 169, 172, 212, 215, 246, 247, 248, 249. 1 - Jones 261. Cr. Jac. 121, 159, 160. Cr. Car. 256. Palm. 486. Cart. 115. - 6 Mod. 125. - -Footnote 120: - - 1 Mar. c. 9. Rastal Physician 7. Lit. Rep. 169, 172, 173, 212, 213, - 215, 248, 249, 350, 351. 1 Jones 263. Cr. Car. 257. Cro. Jac. 121. 4 - Inst. 251. 2 Brownl. 357, 262, 265, 266. Cart. 115. - -Footnote 121: - - 2 Brownl. 264. - -Footnote 122: - - 2 Brownl. 264. - -Footnote 123: - - 2 Brownl. 264. - -Footnote 124: - - 2 Brownl. 264. - -Footnote 125: - - 2 Brownl. 258. - -Footnote 126: - - 2 Brownl. 264. - -Footnote 127: - - 2 Brownl. 263. - -Footnote 128: - - 2 Brownl. 258. - -Footnote 129: - - Gobd. 418. 2 Roll. Rep. 356. Wing. Max. 239. - -Footnote 130: - - 2 Co. 55. a. 3 Co. 59. b. Gobd. 324. Co. Lit. 381. 5 Co. 99. a. - -Footnote 131: - - Wing. Max. 239. - -Footnote 132: - - Wing. Max. 239. - -Footnote 133: - - 2 Brownl. 264. Cart. 115. - -Footnote 134: - - 2 Brownl. 264. - -Footnote 135: - - Co. Lit. 141. a. Hob. 87. Bridg. 11. 2 Brownl. 266. Dyer 220. pl. 14. - -Footnote 136: - - Co. Lit. 141. a. - -Footnote 137: - - 7 Co. 14. a. Calvin’s case. Hob. 87. 2 Brownl. 198, 265. Hard. 140. - -Footnote 138: - - 8 E. 3. 30. b. - -Footnote 139: - - 2 Inst. 401, 402. - -Footnote 140: - - 2 Brownl. 265. 2 Inst. 402. F. N. B. 209. f. - -Footnote 141: - - 2 Brownl. 265. Vet. N. B. 138. b. 2 Inst. 442. - -Footnote 142: - - 2 Inst. 580, 581, 582, &c. Skinner 464. - -Footnote 143: - - 2 Inst. 588. 2 Brownl. 198, 265. - -Footnote 144: - - 2 Brownl. 265. 2 Inst. 587. - -Footnote 145: - - Dy. 313. pl. 91. 1 Co. 47. a. Dav. 2. a. Co. Lit. 1. b. Cro. Car. 82, - 83. 2 Roll. Rep. 246, 247. 1 Jones 234. Lit. Rep. 43. - -Footnote 146: - - 1 And. 45. 3 Leon. 58. 4 Leon, 40, 41. - -Footnote 147: - - 4 Co. 43 a. - -Footnote 148: - - 2 Ventr. 170. 4 Co. 43. a. 5 Co. 61. a. 11 Co. 59. b. 1 Roll. Rep. 95. - Cawly 78. Noy 82. Bridgm. 122. Cro. Jac. 481. Wing. Max. 695. - -Footnote 149: - - Postea 154. b. Raymond 330. Hawkes’s Max. 21. Styles 391. - -Footnote 150: - - Cro. El. 208. 2 Leon. 47. Owen 84, 85. 1 And. 245. 6 Co. 64. b. 3 - Bulstr. 66, 185. 2 Roll. Rep. 276. Winch. 92. Lane 69. Lit. Rep. 64, - 67, 289. Styles 391. - -Footnote 151: - - Wing. Max. 67. Lit. Rep. 66. - -Footnote 152: - - Lit. Rep. 66. Wing. Max. 67. Styles 78. - -Footnote 153: - - Cart. 120, 121. - -Footnote 154: - - Postea 121. a. - -Footnote 155: - - 2 Inst. 379, 380. W. 2. c. 11. Plowd. 17. b. Rast. Account 2. - -Footnote 156: - - Postea 120. b. 2 Brownl. 266. 2 Inst. 380. 2 Bulstr. 139. Fitz. Barr. - 44. Br. Account 6. Br. Det. 16. Br. Execution 135. Br. Faux - Imprisonment 32. - -Footnote 157: - - 2 Brownl. 266. 15 R. 2. c. 2. 8 H. 6. c. 9. 6 Mod. 125. - -Footnote 158: - - Antes 60. b. 41. a. 8 Co. 41. 11 Co. 43. b. F. N. B. 73. d. - -Footnote 159: - - Antes fo. 38. b. 41. a. 60. b. F. N. B. 73. d. 10 Co. 103. a. Rep. Q. - A. 146. - -Footnote 160: - - 2 Brownl. 257, 262, 265, 266. Rast Phys. 7. Lit. Rep. 169, 172, 173, - 212, 213, 248, 249, 350, 331. Cr. Jac. 121. Cr. Car. 257. 1 Jones 263. - Car. 115. 4 Inst. 251. - -Footnote 161: - - 14 & 15 H. 8. cap. 5. Roll. 598, 4 Inst. 251. Rast. Phys. 3. 2 Bulstr. - 185. Lit. Rep. 168, 169, 172, 212, 215, 246, 247, 248, 249. 1 Jones - 261. Cro. Jac. 121, 159, 160. Cro. Car. 256. Palm. 486. Cart. 115. 8 - Co. 133. b. 1 Lev. 195. - -Footnote 162: - - Cro. Jac. 133. Doct. pl. 70, 325. Lit. Rep. 172. Moor 464. 1 Sid. 336. - Dyer 39. pl. 62. Fitzgib. 250. - -Footnote 163: - - Cr. Jac. 133. Cr. Car. 5. Mo. 464. Postea 133. b. 9 Co. 110. b. Doct. - pl. 70, 325. Palm. 287. Lit. Rep. 172, 252. 2 Bulstr. 94. Antes 93. a. - 1 Sid. 336. - -Footnote 164: - - 7 Co. 25. a. Dyer 15. pl. 78. Cr. Car. 209. Co. Lit. 303. b. 6 Mod. - 119. - -Footnote 165: - - Hob. 199. Hard. 38. - -Footnote 166: - - Styles 354. - -Footnote 167: - - 3 Co. 52. b. - -Footnote 168: - - 3 Co. 52. b. Cro. El. 62. 1 Leon. 242. - -Footnote 169: - - Antea 119. b. 2 Brownl. 266. 2 Inst. 380. Bar. 44. Br. Account 6. Br. - Det. 16. Br. Exec. 135. Br. Faux Imprisonment 32. 2 Bulstr. 139. 6 - Mod. 125. - -Footnote 170: - - 2 Brownl. 266. Hardr. 482. - -Footnote 171: - - Antea 119. b. - -Footnote 172: - - 13 El. cap. 7. 1 Jac. cap. 15. - -Footnote 173: - - 4 Inst. 277 & 278. - -Footnote 174: - - 15 R. 2. c. 2. 8 H. 6. c. 9. - -Footnote 175: - - Dr. _Stanger_ had before made an unsuccessful application to this - Court. He had obtained a rule calling on the president and fellows of - the college to shew cause why a mandamus should not issue “commanding - them to admit him to examination for admission into the class or order - of candidates for election into the society or fellowship of the said - college.” But as Dr. _Stanger_ had presented himself to the _comitia - minora_ to be examined, which court is constituted by one of the - bye-laws with power only to examine candidates of a certain - description within which Dr. _Stanger_ did not come, this Court in - _Easter_ term 1796 discharged the rule for the mandamus; saying that - it did not appear that Dr. _Stanger_ had a right to be examined by the - _comitia minora_; but that if he had any title as being one of the - _homines facultatis_ under the charter, he should apply to the body at - large. The Court also intimated at that time a strong opinion that the - bye-laws were reasonable and valid. - -Footnote 176: - - _V._ 1 _Salk._ 193 S. C. - -Footnote 177: - - _N. B._ Mr. _Nourse_ was in fact a very good Scholar. - -Footnote 178: - - 2 _Wils._ 359. - -Footnote 179: - - In the close of the first book of _Paulus Zacchias’s famous Quæstiones - Medicolegales_, there is a full discussion of the point of filiation, - as between two husbands, where a woman soon after the death of her - first husband marries a second. The question is raised in these words. - “_Filius mulieris, quæ illico ab obitu conjugis alteri nupsit, et - novem decemve mensium spatio peperit; cujusdam præsumi debeat._” See - Paul. Zacch. lib. 1. tit. 5 _quæstio ultima_. The same point is - investigated in the learned treatise by Alphonsus a Caranza, De Partu - Naturali et Legitimo. See cap. 26. s. 71. The first book of Paulus - Zacchias, who was a physician at Rome, first came out in 1621. The - tract by Alphonsus a Caranza was first published about five years - afterwards. - -Footnote 180: - - The book here cited is a collection of adjudications in the supreme - court of Friesland. The author was _Johannes a Sande_, who was himself - a senator of that court. An improved edition of the book came out in - 1656. The particular case above cited was adjudged 27th October, 1617. - What increases the latitude of the decision for the legitimacy is, - that the husband was for some time a valetudinarian, and for 14 days - before his death confined to his bed. The book being probably rare - amongst English lawyers, and the arguments in the case comprising very - ancient and curious research in a moderate compass on the _ultimum - tempus pariendi_ for women, the whole of Sande’s report of the case - will be given in a note at the end of the present article. - -Footnote 181: - - _27. Octobris. Anno 1634._ - -Footnote 182: - - See the case of _Carrascola_, the Neapolitan Admiral. - -Footnote 183: - - For a curious argument on this case see one of the subsequent - pamphlets in Howell. - - - - - Transcriber’s Note - - -This book uses inconsistent spelling and hyphenation, which were -retained in the ebook version. Many typographical errors in Latin and -French sections were left as printed. Ditto marks and dashes used to -represent repeated text have been replaced with the text that they -represent. Some corrections have been made to the text, including -adapting the spelling in the table of contents and Index to match the -main text, and normalizing punctuation. - -Page numbering is restarted in the appendix so to page numbers in the -appendix have been prefixed with a_. - -Further corrections are noted below: - - p. 17: from having being intoxicated -> from having been intoxicated - Footnote 8: Feb. 7, 16S3 -> Feb. 7, 1683 - p. 30: to solve this problemn without -> to solve this problem without - p. 35: our chaprer on rape -> our chapter on rape - p. 50: be too frequently, or too forcible urged -> be too frequently, or - too forcibly urged - p. 84: Alhough a child -> Although a child - Footnote 48: this law occured at Stafford -> this law occurred at - Stafford - Footnote 54: physicians from assissting in procuring -> physicians from - assisting in procuring - p. 96: will be very liable so endanger the life -> will be very liable - to endanger the life - p. 98: evidence of the orensic physician -> evidence of the forensic - physician - p. 156: Cave’e case -> Cave’s case - p. 172: earliest and lastest periods of -> earliest and latest periods - of - p. 172: indentity of, 222 -> identity of, 222 - p. a_25: the aid Act expressed -> the said Act expressed - p. a_38: belonging to the said Corporaration -> belonging to the said - Corporation - p. a_59: Mystery or Profession of an Apothcary -> Mystery or Profession - of an Apothecary - p. a_62: ascertaining the skill and abililities -> ascertaining the - skill and abilities - p. a_64: Certificate of such fitness aad qualification -> Certificate of - such fitness and qualification - p. a_69: be deemed a Trespassser -> be deemed a Trespasser - p. a_70: pass against the Plantiff -> pass against the Plaintiff - p. a_74: sive aliquibus Pharmacpœiis -> sive aliquibus Pharmacopœiis - p. a_86: nominand’ & sssignand’ & successores -> nominand’ & assignand’ - & successores - p. a_95: onely are to be undetstood -> onely are to be understood - p. a_98: unskilfull or temerarious practice -> unskilful or temerarious - practice - Anchor position of Footnote 111 assumed - Footnote 115 2 Brownl. 201, 202. -> 2 Brownl. 261, 262. - Anchor position of Footnote 148 assumed - p. a_137: one of the two univerties -> one of the two universities - p. a_142: means of constituing a -> means of constituting a - p. a_144: but it sufficient to say -> but it is sufficient to say - p. a_146: _Mary_ instituled _An Act touching the Corporation of - Physicians in_ -> _Mary_ intituled _An Act touching the Corporation - of Physicians in_ - p. a_147: was repungant to the Statute Laws -> was repugnant to the - Statute Laws - p. a_148: of their learniug and skill -> of their learning and skill - p. a_177: said secretary shall immediarely acquaint -> said secretary - shall immediately acquaint - p. a_179: To tho Secretary to the Commissioners -> To the Secretary to - the Commissioners - p. a_193: proper to remove plaintiff home -> proper to remove the - plaintiff home - p. a_204: evidence in a canse in London -> evidence in a case in London - p. a_206: Of this the prothonotory had -> Of this the prothonotary had - p. a_207: no additional experiments were necessasy -> no additional - experiments were necessary - p. a_213: on a trial of legitimancy -> on a trial of legitimacy - p. a_213: unless very extroardinary indeed -> unless very extraordinary - indeed - p. a_213: other precedents and authorites -> other precedents and - authorities - p. a_219: decimo Augusti, Anuo 1631 -> decimo Augusti, Anno 1631 - p. a_222: moribus ac pndicitiâ minimè -> moribus ac pudicitiâ minimè - p. a_230: Pesident of the said College -> President of the said College - p. a_231: there was no water in the diaphragam -> there was no water in - the diaphragm - p. a_236: Where those fits owing to any -> Were those fits owing to any - p. a_238: slighty dicoloured by a little -> slightly discoloured by a - little - p. a_238: the Apotheeary produced a powder -> the Apothecary produced a - powder - p. a_242: Spirits of Vitrol and Salt -> Spirits of Vitriol and Salt - p. a_248: A. Who did you receive a message from -> Q. Who did you - receive a message from - p. a_248: Were did you meet -> Where did you meet - p. a_248: the tongue potruding beyond the fore teeth -> the tongue - protruding beyond the fore teeth - p. a_256: I connot say I did -> I cannot say I did - p. a_264: if previous to an epilepy -> if previous to an epilepsy - p. a_275: decline giving any opiniou -> decline giving any opinion - -*** END OF THE PROJECT GUTENBERG EBOOK MEDICAL JURISPRUDENCE, VOLUME 3 (OF -3) *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. 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