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.