"While we are bent upon making regulations for the commonweal of our

loyal subjects, we keep ever under our observation the health of the

individual. In consideration of the serious damage and the

irreparable suffering which may occur as a consequence of the

inexperience of physicians, we decree that in future no one who

claims the title of physician shall exercise the art of healing or

dare {420} to treat the ailing, except such as have beforehand, in

our University of Salerno, passed a public examination under a

regular teacher of medicine, and been given a certificate not only

by the professor of medicine, but also by one of our civil

officials, which declares his trustworthiness and sufficient

knowledge. This document must be presented to us, or in our absence

from the kingdom to the person who remains behind in our stead, and

must be followed by the obtaining of a license to practice medicine

either from us or from our representative aforesaid. Violation of

this law is to be punished by confiscation of goods and a year in

prison for all those who in future dare to practice medicine without

such permission from our authority.

"Since students cannot be expected to learn medical science unless

they have previously been grounded in logic, we further decree that

no one be permitted to take up the study of medical science without

beforehand having devoted at least three full years to the study of

logic." (Under logic at this time was included the study of

practically all the subjects that are now taken up in the arts

department of our universities. Huxley, in his address before the

University of Aberdeen on the occasion of his inauguration as Rector

of that University, said that "the scholars [of the early days of

the universities] studied Grammar and Rhetoric; Arithmetic and

Geometry; Astronomy, Theology and Music." He added: "Thus their

work, however imperfect and faulty, judged by modern lights, it may

have been, brought them face to face with all the leading aspects of

the many-sided mind of man. For these studies did really contain, at

any rate, in embryo--sometimes, it may be, in caricature--what we

now call Philosophy, Mathematical and Physical Science, and Art. And

I doubt if the curriculum of any modern university shows so clear

and generous a comprehension of what is meant by culture as the old

Trivium and Quadrivium does." Huxley, Science and Education Essays,

page 197. New York, D. Appleton & Co., 1896.--J. J. W.)

"After three years devoted to these studies, he (the student) may,

if he will, proceed to the study of medicine, provided always that

during the prescribed time he devotes himself also to surgery, which

is a part of medicine. After this, and not before, will he be given

the license to practice, provided he has passed an examination in

legal form as well as obtained a certificate from his teacher as to

his {421} studies in the preceding time. After having spent five

years in study, he shall not practice medicine until he has during a

full year devoted himself to medical practise with the advice and

under the direction of an experienced physician. In the medical

schools the professors shall during these five years devote

themselves to the recognized books, both those of Hippocrates as

well as those of Galen, and shall teach not only theoretic, but also

practical medicine.

"We also decree, as a measure intended for the furtherance of Public

Health, that no surgeon shall be allowed to practice, unless he has

a written certificate, which he must present to the professor in the

medical faculty, stating that he has spent at least a year at that

part of medicine which is necessary as a guide to the practice of

surgery, and that, above all, he has learned the anatomy of the

human body at the medical school, and is fully equipped in this

department of medicine, without which neither operations of any kind

can be undertaken with success nor fractures be properly treated.

"In every province of our Kingdom which is under our legal

authority, we decree that two prudent and trustworthy men, whose

names must be sent to our court, shall be appointed and bound by a

formal oath, under whose inspection electuaries and syrups and other

medicines be prepared according to law and only be sold after such

inspection. In Salerno in particular, we decree that this

inspectorship shall be limited to those who have taken their degrees

as Masters in Physic.

"We also decree by the present law, that no one in the Kingdom,

except in Salerno or in Naples (in which were the two universities

of the Kingdom), shall undertake to give lectures on medicine or

surgery, or presume to assume the name of teacher, unless he shall

have been very thoroughly examined in the presence of a Government

official and of a professor in the art of medicine.

"Every physician given a license to practice must take an oath that

he shall faithfully fulfil all the requirements of the law, and in

addition, whenever it comes to his knowledge that any apothecary has

for sale drugs that are of less than normal strength, he shall

report him to the court, and besides he shall give his advice to the

poor without asking for any compensation. A physician shall visit

his patient at least twice a day, and at the wish of his patient

once also at night, and shall charge him, in case the visit does not

{422} require him to go out of the village or beyond the walls of

the city, not more than one-half tarrene in gold for each day's

service." (A tarrene in gold was equal to about thirty cents of our

money. Money had at least twenty times the purchasing power at that

time that it has now. At the end of the thirteenth century,

according to an Act of the English Parliament, a workman received 4d

[eight cents] a day for his labor, and according to the same Act of

Parliament the following prices were charged for commodities: A pair

of shoes cost eight cents, that is, a day's wages. A fat goose cost

seven cents, less than a day's wages. A fat sheep unshorn cost

thirty-five cents; shorn, about twenty-five cents. For four days pay

a man could get enough meat for himself and family to live on for a

week, besides material out of which his wife could make excellent

garments for the family. A fat hog cost twice as much as a fat

sheep, and a bullock about six times as much.--J. J. W.) "From a

patient whom he visits outside of the village or the wall of the

town, the physician has a right to demand for a day's service not

more than three tarrenes, to which maybe added, however, his

expenses, provided that he does not demand more than four tarrenes

altogether.

"He (the regularly licensed physician) must not enter into any

business relations with the apothecary, nor must he take any of them

under his protection nor incur any money obligations in their

regard." (Apparently many different ways of getting round this

regulation had already been invented, and the idea of these

expressions seemed to be to make it very clear in the law that any

such business relationship, no matter what the excuse or method of

it, is forbidden.--J. J. W.) "Nor must any licensed physician keep

an apothecary's shop himself. Apothecaries must conduct their

business with a certificate from a physician, according to the

regulations and upon their own credit and responsibility, and they

shall not be permitted to sell their products without having taken

an oath that all their drugs have been prepared in the prescribed

form, without any fraud. The apothecary may derive the following

profits from his sales: Such extracts and simples as he need not

keep in stock for more than a year before they may be employed may

be charged for at the rate of three tarrenes an ounce." (90 cents an

ounce seems very dear, but this is the maximum.) "Other medicines,

however, which in consequence of the special conditions required for

their preparation or for any other reason the apothecary has to have

in {423} stock for more than a year, he may charge for at the rate

of six tarrenes an ounce. Stations for the preparation of medicines

may not be located anywhere, but only in certain communities in the

Kingdom, as we prescribe below.

"We decree also that the growers of plants meant for medical purpose

shall be bound by a solemn oath that they shall prepare medicines

conscientiously, according to the rules of their art, and as far as

it is humanely possible that they shall prepare them in the presence

of the inspectors. Violations of this law shall be punished by the

confiscation of their movable goods. If the inspectors, however, to

whose fidelity to duty the keeping of these regulations is

committed, should allow any fraud in the matters that are entrusted

to them, they shall be condemned to punishment by death."

{424}

APPENDIX IV.

CHURCH DECREES RELATING TO MEDICINE.

Besides the Papal documents referred to in the body of this book and

quoted in the original in the Appendix to the first edition

immediately preceding this, there is a series of decrees of Councils

and Synods of the Church which are sometimes referred to as

representing a distinct policy of opposition on the part of the Church

to science and particularly medical and surgical practice, as if their

purpose had been to force people to have recourse to prayers and

relics and pilgrimages and masses rather than to take advantage of

medical knowledge and surgical experience for the relief of their

ills. The Papal documents quoted and discussed in the previous edition

of this book proved to have no such meaning as was attributed to them

and the history of the medical sciences as traced, shows that these

Church regulations were not misconstrued either in their own or

subsequent generations in such a way as to have the effect of

interfering with the development of medical science or medical

education as has been claimed. Their citation in support of the thesis

of Church opposition to science, theoretic or applied, is entirely

without justification.

Exactly this same thing is true with regard to the other documents

that are referred to as having a parallel and confirmatory

significance of Church opposition to medical science, or medical or

surgical practice, or medical teaching. It requires no lengthy

explanation to see that the decrees referred to are simply

ecclesiastical disciplinary regulations, aimed at putting an end to

certain abuses that had arisen in religious matters, and well

calculated to prevent their further occurrence. The Church authorities

recognized as will anyone who understands the circumstances that men

who had devoted their lives in religious orders exclusively to the

work of religion, should not be permitted to neglect their religious

vocations because of devotion to some secular profession. They were

forbidden to practice and to study medicine, but the practice of law

was forbidden to them quite as well and for the same reason. There was

no question of limiting the number of persons who might take up

medical study, but all those who had bound themselves for life to

religious duties must not withdraw from these to take up secular

occupations. The case against the Church as opposed to science, and

above all medicine and surgery, must indeed be weak {425} when it has

to be bolstered up by recondite references to documents such as these,

the purport of which is so clear and the good sense of which is as

evident now as it was when they were issued.

Everyone recognizes that absorbing professional occupations such as

the practice of medicine or of law keeps men from devoting themselves

to the intellectual or the spiritual life. The opposite is also felt

to be the case and there is still a profound distrust of the lawyer or

the physician who devotes himself to literature or to any intellectual

avocation, for the feeling is that he cannot be practically successful

at his profession. This feeling is often a mere prejudice and great

lawyers and great physicians have often been litterateurs of

distinction, but as a rule there is incompatibility between the two

modes of occupation. In the medieval period it was felt that there was

the same incompatibility between proper devotion to the spiritual life

and the professions, and as members of religious orders had given up

worldly affairs and interests in order to devote themselves to

other-worldliness and had taken vows of poverty, chastity and

obedience for that purpose, it was sincerely felt that they should not

engage in gainful occupations and professional work that distracted

them from the religious profession which they had taken up. Hence

these decrees.

The only way to make perfectly clear the meaning of these decrees in

their proper place in history both as regards education in general and

medical education, is to give the text of the documents in the

accompanying translation. I owe the text of them to Father Corbett of

the Seminary of St. Charles Borromeo at Overbrook, Pa., who supplied

me with the similar documents for the first edition of this work. The

translations are made from the recognized authoritative edition of the

decrees of the Church councils and synods issued at Paris in 1671, the

title page of which reads as follows: "Sacrosancta concilia ad regiam

editionem exacta quae nunc quarta parte prodit auctior studio Philip.

Labaei et Gab. Cossartii, Soc. Jesu Prebyterorum, Tomus Decimus,

1053--1197, Lutetiae Parisiorum 1671." [Footnote 49]

[Footnote 49: I feel that I should say that when there was question of

publishing these documents I consulted Dr. Garrison, the Assistant

Librarian of the Surgeon General's Library at Washington and the

author of the best history or medicine in English, as to the Church

decrees that ought to be published in their entirety in order to make

their meaning perfectly clear. I have followed the list suggested by

him.]

_The Council of Rheims held under Pope Innocent II, A.D. 1131,_ Canon

VI, forbidding monks or regular canons to study law or medicine for

the sake of gain.

{426}

"An evil custom as we consider it and detestable has grown up by

which monks and regular canons after having received the habit and

made their profession, spurning the rule of their blessed masters

Benedict and Augustine, learn secular law and medicine for the sake

of temporal gain. Inflamed by the fire of avarice they make

themselves the patrons of causes [that is the attorneys of legal

proceedings] and when they ought to be devoting themselves to

psalmody and hymns, confiding in the support of a fine voice and the

variety of their pleas, they confound justice and injustice, right

and wrong. Imperial constitutions attest that it is absurd, nay even

an opprobrium, for members of the clerical order to wish to be

skilled in forensic disputation. We decree that violators of the

religious life of this kind should fall under the severe judgment of

the apostolical authority, for as they have neglected the cure of

souls and in no way attend to the purpose of their order, promising

health for filthy lucre, they make themselves guardians of human

bodies. And since an impure eye is the index of an impure heart and

since religion ought not to deal with those things even to talk

about which brings the blush of shame to the cheek of honesty, in

order therefore that the monastic and canonical order should be

preserved inviolably pleasing to God in its holy purpose, we

interdict by the apostolical authority that any such proceeding

should be allowed hereafter. Bishops therefore and abbots and priors

who consent to such an enormity shall be deprived of their own

dignities."

_The Council of Tours held under Pope Alexander III, A.D. 1163,_ Canon

VIII. That religious should avoid secular studies.

"Not only does the envy of the old enemy of mankind bring him to

labor greatly to destroy the infirm members of the Church, but he

also puts his hand to securing the desirable members of the Church

and strives even to supplant the elect according to the saying of

the Scriptures 'for the elect are his food.' He plumes himself if he

can bring about the fall of many, but especially if he can bring

down some more distinguished member of the Church by making him

lukewarm. Hence it is that he knows how to transfigure himself after

his usual fashion into an angel of light, so that under the pretext

of caring for the health of ailing brethren and more faithfully

carrying out ecclesiastical business he leads members of the regular

religious orders to the study of law and of physical problems which

have to be given attention outside of the cloister. For this reason,

so that spiritual men under the pretext of science may not again

become involved in mundane affairs and themselves lose their

interior life while they are thinking to provide for others in the

exterior, we have decreed by the assent of the present council in

the endeavor to meet this evil, that no one at all after taking the

vows of religion or the making of religious profession should be

allowed to absent himself from the cloister for the study of

medicine and physic. If however he has already absented himself and

shall not have returned to his cloister within the space of two

months he is to be avoided by all as excommunicate, and if he should

presume to try the effect of patronage in no case should {427} he be

heard. On his return to the cloister he must always be the last of

the brothers in the choir and unless by the special indult or

permission of the Holy See must lose hope of all promotion."

_The Council of Paris, A.D. 1212,_ Second Part, Canon XX.

"Since certain of the members of the regular orders under the

pretense of caring for the bodies of ailing brother members and of

more faithfully managing ecclesiastical affairs, to use the words of

the Lateran Council, have not hesitated to go out of their cloisters

to learn mundane law and give themselves to the study of physical

problems in order to give their time to jurisprudence and medicine

and on account of that are lacking in the interior life because they

are devoting themselves to care for external things, we walking

closely in the footsteps of that council decree that unless within

the space of two months such students of law and medicine return to

their cloisters, in spite of the permission of their abbot, which he

is not empowered to give, they are to be excommunicated and avoided

by all; and in no case if they should endeavor to use patronage to

aid them are they to be admitted.

"We prohibit also anyone who enters the cloister for the sake of

religion to go out of it in order to go to school; whatever a student

may wish he should learn in the cloister. Those who are now in the

schools should within two months return to the cloister."

_Decree of the Council of Montpellier held under Pope Alexander

III, 1162._

Since the proceedings of this Council are not extant the records of it

are preserved in two monuments. One an Epistle of Pope Alexander to

the Bishop of Verona and the other the decrees of the Council of

Montpellier held in 1195 which enacted similar legislation.

Cap. 15. "The Council prohibited besides under the full severity of

ecclesiastical discipline any monk or canon regular or other member

of a religious order to take up the study of secular laws or

medicine. Anyone violating this statute must be canonically

published by the diocesan Bishops according to the decree

promulgated in this matter under Pope Alexander in the Council of

Montpellier."

It has been suggested that this exclusion of monks and religious from

the study of medicine by Church ordinance practically shut out all the

clerics, that is, all the educated men of the medieval period, from

the medical profession. Any such idea, however, could only have

occurred to one who does not realize that at any given time there are

only a comparatively few religious and a great many secular clergymen.

Practically all those who could read and write in the Middle Ages were

known as clerks, that is clerics, and were under the protection of the

Church, most of them indeed receiving minor orders, and if all the

clergy were to have been excluded {428} from the medical profession

this contention would be true. So far is it from the truth, however,

that a number of the great physicians and surgeons of the thirteenth

and fourteenth centuries belonged to the clerical orders, not a few of

them were priests and some of the greatest of them, like Theodoric,

were actually bishops. It was only the religious, that is the men who

had specially devoted their lives to monasticism, who were forbidden

to take up the study of medicine because it did not comport with their

monastic vocation.

A second series of ecclesiastical decrees that are often referred to

in the history of medicine are those which concern the relations of

the physician and his patient whenever there is danger of death. The

Church's duty was to secure the proper dispositions on the part of

those who were in danger of death. Physicians sometimes did not let

patients and their friends know how serious the illness was and as a

consequence patients died without the sacraments and rites of the

Church. In order to prevent this the Church regulation was promulgated

that a physician was bound to have a patient take care of his soul at

the same time that his body was being treated. Physicians of the

present day, even when they are not themselves Catholics, know how

much of good, even physical good, is done to patients almost without

exception by the consolations of religion. Instead of being perturbed

as is sometimes thought by those who have not had experience with the

custom, exactly the opposite effect is produced, and patients often

drop their anxieties and solicitudes and begin to improve immediately

after the reception of the sacraments. They usually submit themselves

to whatever Providence has in store for them, put off their worries,

and this factor of itself is eminently therapeutic.

Many a non-Catholic physician obeys these decrees of the Church with

regard to the summoning of a priest to an ailing Catholic patient

without knowing anything about them. He does it because of his

experience that his patients are benefited by the consolations of

religion. The wisdom of the Church in the decrees is seen very well by

the paragraph in which it is suggested that the reason for having the

physician always advise the calling in of a priest is that if this

advice is given only when there is serious danger of death many

patients knowing this will be thrown into a state of depression very

harmful to them when the suggestion is made.

How such decrees could be thought in any way to interfere with

medicine or its practice, or with the physician and his duties, or,

above all, represent any effort on the part of the Church to hamper

medical science or discourage patients from having physicians, I {429}

cannot for the life of me imagine. The idea sometimes suggested that

the real reason for this legislation was that the Church did not want

patients to die before priests were given an opportunity to secure

money for services in the administration of the last rites or for

masses for the recovery of the patient and the like, would only enter

into the mind of someone who not only did not understand the Church

and had no experience of Catholics and Catholic life, but who had no

proper recognition of the place of religion in life as a great source

of consolation and strength in the face of the mystery of death and

the hereafter.

Those who think religion a mere hypocrisy imposed on people by

designing clergy are so lacking in the knowledge that would enable

them to judge of the meaning of such decrees that their opinion is not

worth while considering. It must not be forgotten that these decrees

are still binding on a Catholic physician, and far from resenting them

we welcome them as helps in securing the aid of the consolations of

religion for our patients. Many a worried business man suffering from

some severe disease like pneumonia or typhoid fever, goes on to

develop a much more favorable mental attitude toward himself and his

affection after he has seen the priest. The last paragraph of the

first decree also emphasizes the wisdom of the Church and shows how

much of an aid her legislation was in the support of ethical

standards, for it forbids under the severest penalties that a

physician should ever advise a patient to anything contrary to his

conscience. This paragraph is also still binding on Catholic

physicians.

_The Fourth Lateran Council held under Pope Innocent III, A.D. 1215,_

Canon XII. That the sick should rather provide for the soul than the

body.

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