CHAPTER I.

THE LAW AND MEDICAL MEN

BY

R. VASHON ROGERS, JR.,

_Of Osgoode Hall, Barrister-at-Law_.

TORONTO, CANADA,

AND

EDINBURGH, SCOTLAND:

CARSWELL & CO., LAW BOOK PUBLISHERS.

1884.

PREFACE.

The idea that in the library of nearly every practitioner in the

professions of both Physic and Law there has been for some time a

small gap among the books, which could be filled by a little work like

this now submitted, has induced the author to prepare and publish the

following pages.

While it is hoped that this little work will prove of use to the

members of the Legal and Medical Professions, it is intended to be

suggestive rather than exhaustive—a primer not an encyclopædia; and

it is not expected that it will obviate the necessity for frequent

conferences between physicians and lawyers whenever, in the practice of

either, questions arise requiring the experience of the other.

In most cases the very words of the judges and reporters have been

used, and if any expressions are noticed that may be deemed over strong

it will be found that they are the words of others: the author’s aim

has been rather to act as an humble compiler and citer of cases, than

to obtrude opinions or theories of his own.

Brief chapters on Dentists and Druggists have been given because of

the intimate connection between these gentlemen and the members of the

medical profession.

With great diffidence this book is committed to the tender mercies

of the critics of these two learned professions—to those who can so

effectually wield the pen, the tongue and the scalpel.

R. V. B., JR.

Kingston, Ont., November, 1884.

CONTENTS.

PREFACE . . . iii

TABLE OF CASES CITED . . . vii–xiii

CHAPTER I.

EARLY PRACTITIONERS AND LAWS . . . 1–14

CHAPTER II.

FEES . . . 15–31

CHAPTER III.

WHO SHOULD PAY THE DOCTOR . . . 32–41

CHAPTER IV.

WHO MAY PRACTISE . . . 42–54

CHAPTER V.

NEGLIGENCE AND MALPRACTICE . . . 55–81

CHAPTER VI.

CRIMINAL MALPRACTICE . . . 82–92

CHAPTER VII.

PROFESSIONAL EVIDENCE . . . 93–107

CHAPTER VIII.

MEDICAL EXPERTS . . . 108–120

CHAPTER IX.

EXPERTS IN INSANITY CASES . . . 121–128

CHAPTER X.

DEFAMATION . . . 129–137

CHAPTER XI.

RELATIONS WITH PATIENTS . . . 138–148

CHAPTER XII.

DISSECTION AND RESURRECTION . . . 149–159

CHAPTER XIII.

DENTISTS . . . 160–173

CHAPTER XIV.

DRUGGISTS . . . 174–188

CHAPTER XV.

PARTNERS, GOODWILL, ASSISTANTS . . . 189–195

INDEX . . . 197–214

TABLE OF CASES CITED.

A.

Abernethy v. Hutchinson, 195

Adams v. Stevens, 17, 18

Adler v. Buckley, 20, 21

Ahearne v. Hogan, 141

Allen v. Davis, 140, 172

″  v. Eaton, 132

Allison v. Hayden, 16

Alpen v. Morton, 137

Anderson v. Burrows, 146

Andeureid’s Appeal, 138

Anon, 134, 190

Anthony v. Smith, 106

Apothecaries Company v. Lotinga, 12, 16

Ashworth v. Kittridge, 102

Askin & Charteris, _re_, 27

Aswell v. Lomi, 142

Austen v. Boys, 191

Aveson v. Lord Kinnaird, 96

Ayre v. Craven, 132, 134, 135.

B.

Bacon v. Charlton, 96

Baker v. London & S. W. Railway, 96

Ballon v. Prescott, 73

Barber v. Merriam, 96, 97, 117.

Barnes v. Means, 58

Barnstable v. Thatcher, 157

Basten v. Butler, 20

Bassett v. Spofford, 24

Battersby v. Lawrence, 16

Baxter v. Gray, 18, 19

Beekman v. Planter, 18

Bell v. Parke, 136

Bellinger v. Craigue, 21.

Bells v. Clifford, 28

Bergold v. Puckta, 131

Berier v. Galloway, 36

Bibber v. Simpson, 52

Billage v. Southbee, 140

Bill v. Neal, 130

Blackburn v. Great Western Railway, 81

Blake v. Midland Railway, 81.

Blackburn v. Mackey, 37, 39

Blogg v. Parkers, 20

Boardman v. Woodman, 113

Bogert v. Indianapolis, 153

Boone v. State, 188

Bowman v. Woods, 51, 53, 64, 100

Boyd v. Lappington, 33

Boynton v. Somersworth, 67, 148

Boyle v. Winslow, 166

Bracegirdle v. Orford, 157

Bradbury v. Bardin, 51, 120

Bradley v. Dodge, 33

Bradford v. People, 147

Brewer v. Dero, 157

Broad v. Pitt, 93

Brown v. N. Y. C., 97

″  v. Marshall, 179

″  v. Sheppard, 99, 101

″  v. State, 143

Buchanan v. State, 29

Buell v. N. Y. C., 117

Burton v. Scott, 128

C.

Cadwallader v. West, 139, 140

Cairo, etc., Railway v. Mahoney, 41

Caldwell v. Murphy, 97

Camp v. Martin, 133

Campan v. North, 94

Campbell v. Richards, 119

Carpenter v. Blake, 57, 58, 63, 64, 72, 73

Carnes v. Nesbitt, 193

Carson v. State, 148

Carter v. Baker, 114

″  v. State, 103

Castner v. Sliker, 112

Cawdry v. Highley, 130

Chamberland v. Morgan, 70

Chapen v. Marlborough, 96, 97

Chicago. etc., Railway v. McKean, 68

Chicago, etc., Railway v. McGiven, 108

Chorley v. Bolcot, 16

Clark v. Gill, 26

Clarke v. Freeman, 132

″  v. Hawke, 138, 139

Clark v. Kerwin, 69, 163

″  v. State, 116, 124

Clay v. Roberts, 134

Cleveland, etc., Railway v. Ferry, 68

Cohen v. Continental Insurance Company, 95

Collier v. Simpson, 99, 103

Collins v. Grady, 19

″  v. Carnegie, 134, 135

″  v. Graves, 23

Colton v. Thomas, 172

Commonwealth v. Butterick, 187

″  v. Cooley, 155

″  v. Hackett, 91

″  v. Hallett, 187

″  v. Loring, 155

″  v. Marshall, 155

″  v. McPike, 91

″  v. Ramsdell, 187

″  v. Rich, 128

″  v. Rodgers, 109, 124, 127

″  v. Sturtevant, 100, 117

″  v. Thompson, 84, 89

Connecticut Mutual Life Ins. Co. v. Ellis, 100

Cooper v. Lloyd, 35

″  v. Phillips, 38, 40

″  v. N. Y. C., 41

Corsi v. Maretzek, 43, 51, 64, 115

Cossey v. L. B, and S. C., 96

Cox v. Midland Counties Ry., 41

Craig v. Chambers, 76

Craine v. Bandoine, 33

Crantz v. Gill, 37

Curtis v. Rochester, etc. Ry., 79

D.

Davidson v. Nicholls, 183

Davis v. Mason, 193

″  v. Ockham, 131

″  v. State, 113, 117, 124, 126

Deane v. Annis, 38

Delafield v. Parish, 124

Demay v. Roberts, 145

Dement, _Ex parte_, 30

Denison v. Denison, 138

Dent v. Bennett, 139, 140, 172

Denton v. State, 97, 98

Dickenson v. Barber, 124

Dingnan v. Walker, 192

Dixon v. Smith, 134

Doggett v. Lane, 141

Duclos’ Succession, 24

Duffit v. James, 21

Durnell v. Corfield, 142

E.

Eakin v. Brown, 68, 163

Edington v. Ætna Life Ins. Co., 96

Edsall V. Russell, 131, 133

Ellis v. Kelly, 16

Emerson v. Lowell Gas L. Co., 112

F.

Fairchild v. Bascomb, 112, 113, 125, 126

Farnsworth v. Garrard, 20

Farlar v. Lane, 141

Farr v. Pearce, 191

Fawcett v. Mothersell, 77

Fenwick v. Bell, 119

Fields v. Rutherford, 76

Fisk v. Wait, 69

Fletcher v. Fletcher, 146

Flint v. Bodenhamer, 124

Flower’s Case, 130

Fox v. Glastonbury, 20

Forgery v. First Nat. Bank, 114

Foster v. Small, 134

Fraser v. Jennison, 94, 103, 106

G.

Gale v. Rector, 103

Gallagher v. Thompson, 20

Gardiner v. Heartt, 56

Gardner v. People, 117

Geiselman v. Scott, 68

Genshaw v. Germain, 17

Getchell v. Hill, 114

George v. Skivington, 183

Gibson v. Russell, 140

″  v. Williams, 119

Gilman v. Andrews, 171

Gladwell v. Steggall, 75

Gramm v. Boener, 69

Goddart v. Haselfoot, 132

Granger Ins. Co. v. Brown, 159

Grattan v. Metropolitan L. I. Co., 95

Gray v. McLaughlin, 97

Greenough v. Gaskill, 93

Greonvelt’s Case, 55

Greville v. Lylee, 142

Guthrie v. Weaver, 153

H.

Haguenin v. Baseley, 138

Hains’ Case, 152

Hall v. Semple, 146

Hammond v. Stewart, 26

Hancke v. Hooper, 58, 167, 194

Handey v. Henson, 17

Haniline v. Commonwealth, 174

Hansford v. Payne, 182

Harbottle and Wilson _re_, 27

Harris v. Panama Railway Co., 103, 113

Harris v. Russell, 94

Harrison v. Bush, 136

″  v. Grady, 33, 35, 36

Hartman v. Tegart, 36

Hartford Pro. Ins. Co. v. Harmer, 108

Harvey v. State, 104

Hastings v. Rider, 128

″  v. Whitley, 193

Hathaway v. Nat. Life Ins. Co., 112

Haynard v. Young, 193

Hathorn v. Richmond, 61

Heald v. Wing, 113, 128

Heath v. Gibson, 59

Hegerick v. French, 80

Heinemann’s Appeal, _re_, 48

Hewitt v. Prime, 95

″  Wilcox, 18

Hibbard v. Thompson, 68, 69

Hides v. Hides, 140

Higham v. Ridgway, 106

Hill v. Featherstonhaugh, 21

Hills v. Home Insurance Co., 113

Hitchcock v. Burgett, 148

Hoard v. Peck, 187

Hoener v. Koch, 118

Hoghton v. Hoghton, 138, 139

Hollenback v. Fleet, 177

Holmes v. Halde, 80

Hood v. Grimes, 65

Horner v. Graves, 193

Horton v. Green, 54, 112

Howe v. Young, 179

Hoyt v. Casey, 39

Hughes v. Hampton, 23

Huffman v. Click, 103

Humphreys v. Stilwell, 137

Hunn v. Hunn, 95

Hunter v. Blount, 64

″  v. Ogden, 73

″  v. Sharpe, 133

Hunt v. Lowell Gas Light Co., 126

Hupe v. Phelps, 21

I.

Illinois Cen. Railway v. Sutton, 97

Indianapolis, etc., Railway v. Gaston, 79

Indian. and Cin. Railway v. Caldwell, 69

J.

Jackson v. Hyde, 77

Jarrett v. Jarrett, 124

Jauncey v. Knowles, 190

Jenkins v. French, 80

Johnson v. Robertson, 131

″  v. Wills, 79

Jones v. Diver, 133

″  v. Fay, 184

″  v. Goodrich, 141

″  v. George, 178

″  v. Murray, 179

″  v. Northmore, 78

″  v. White, 108

K.

Kannen v. McMullen, 21

Keily v. Colton, 164

Keith v. Lothrop, 116

Kennard v. Burton, 97

Kennedy v. People, 108, 119

Kerwhaker v. Cleveland, etc., Railway, 69

Kilborne v. Jennings, 114

Kingston’s Case, Duchess of, 93

Kinney v. Nash, 135

Klock v. Burger, 174

L.

Lamphier v. Philpot, 84

Landon v. Humphrey, 22

Langdon v. Mutual Life Insurance Co., 54

Lee v. Hamerton, 96

″  v. Griffin, 169

Leighton v. Sargent, 58, 64, 67, 79, 118

Lett v. St. Lawrence & Ottawa Railway, 81

Lester v. Pittsford, 113

Linn v. Sigsbee, 120

Livingstone’s Case, 113

Long v. Chubb, 132

″  v. Morrison, 21, 57

Longmeid v. Holliday, 74

Lorg v. First German Cong. 113

Lovatt v. Tribe, 125

Luning v. State, 100, 105

Lush v. McDaniel, 97

Lynn’s Case, 154, 158

M

Mackenna v. Parkes, 190

Mahoney v. Nat. Widow’s Life Ass. 96

Major v. Knight, 142

Mallan v. May, 193

Malton v. Nesbitt, 125

Marshall v. Brown, 101

″  v. Peck, 179

Masons v. Fuller, 111

Matteson v. N. Y. C. Railway, 97, 117

Maxon v. Perrott, 170

May v. Thompson, 192

Meagher v. Driscoll, 157

Mendum v. Commonwealth, 113

Mertz v. Detweiler, 64, 118

Metropolitan Railway v. Jackson, 76

Michigan Cen. Railway v. Hasseneyer, 61

Middleton v. Sherbourne, 141, 143

Miller v. Beal, 23

Mills v. Perkins, 174

Mitchell v. Homfray, 141

″  v. State, 119

″  v. Connor, 147

Mock v. Kelly, 18, 25

Moises v. Thornton, 135

Morgan v. Hallen, 17

″  v. Schuyler, 173

Morrison v. Harmer, 133

Morse v. Auburn, etc., Railway, 81

Morse v. State, 119

Murphy v. Kellett, 137

Mc.

McAllister v. State, 124, 126

McCandless v. McWha, 58, 59, 61, 67

McClallen v. Adams, 26

McClurg’s Appeal, 193

McEwan v. Bigelow, 114

″  v. Milne, 138

McIntyre v. Belcher, 191

McLeod v. Wakley, 133

McPherson v. Chedell, 18

N.

Newell v. Doty, 117

New England Glass Co. v. Lovell, 119

New Orleans, etc., Railway v. Allbritton, 111

Newton v. Ker, 23

Nickson v. Brohan, 194

Nicols v. Pitman, 195

Norton v. Sewall, 182

O.

Ordway v. Haynes, 103

P.

Page v. Barker, 118

″  v. State, 126

Parker v. Adams, 68, 69, 163

Parkinson v. Atkinson, 26

Parnell v. Commonwealth, 114, 124

Patten v. Wiggin, 52, 57, 58, 62

Peacock v. Kesnot, 140

Pennell v. Cummings, 145

People v. Anderson, 103

″  v. Hall, 99

″  v. Monroe, 20

People v. Montgomery, 30

″  v. McCann, 125

″  v. N. Y. Hospital, 69

″  v. Wheeler, 103

Perionowsky v. Freeman, 66, 70

Phillips v. S. W. Railway, 79

Pierson v. People, 95

Pinney v. Cohill, 101

Piper v. Manifee, 22, 167

Pippin v. Shepherd, 65, 74

Poe v. Mondford, 131

Polk v. State, 112

Popham v. Brooke, 140

Potter v. Warner, 63, 71

″  v. Virgil, 36

Poucher v. Norman, 16

Pratt v. Barker, 140

Puryear v. Reese, 124

Q.

Quafe v. C. & N. W. Railway, 98

R.

Ramadge v. Ryan, 118, 119, 132

″  v. Wakley, 132

Ray v. Burbank, 186

Reynolds v. Graves, 54

″  v. Robinson, 120

Rhodes v. Bates, 138

Rice v. State, 84, 87, 89

Rich v. Pierpont, 59, 62, 117

Ripon v. Bittel, 100, 101

Ritchey v. West, 65

Roberts v. Johnson, 112

″  v. Kerfoot, 24

Robinson v. N. Y. C. Railway, 103

Rodgers v. Cline, 133

Roelker, _re_, 29

Rogers v. Cain, 97

″  v. Turner, 38

Roosa v. Boston Loan Co., 98

Rose v. College of Physicians, 12

Rowell v. Lowell, 98

Ruddock v. Lowe, 65

Russell v. State, 128

Rutherford v. Evans, 135

″  v. Norris, 110

R. v. Bennett, 194

″  v. Burnett, 147

″  v. Campbell, 46

″  v. Case, 144

″  v. Chamberlaine, 85

″  v. Coll. Phy. & Sur., 45, 47

″  v. Coll. Phy. & Sur., Ont., 148

″  v. Coney, 144

″  v. Crouch, 103

″  v. Cuddy, 144

″  v. Downes, 39

″  v. Frances, 144

″  v. Fraser, 147

″  v. Gibbons, 93

″  v. Gilles, 154

″  v. Hannah, 147

″  v. Hessel, 46

″  v. Higginson, 125

″  v. Hines, 39

″  v. Lee, 91

″  v. Long, 83, 86, 87

″  v. Lynn, 154, 159

″  v. Macleod, 66

″  v. Markuss, 88

″  v. Morby, 39

″  v. Noakes, 56, 183

″  v. Offord, 124

″  v. Price, 154

″  v. Richards, 125

″  v. Rosinski, 144

″  v. Searle, 120, 124, 125

″  v. Sharpe, 153, 154

″  v. Stanton, 144

″  v. Simpson, 65, 84, 87

″  v. Smith, 40

″  v. Spiller, 84

″  v. Spilling, 85

″  v. Stitt, 117

″  v. Sutton, 147

″  v. Tefft, 46, 190

″  v. Tessymond, 194

″  v. Thomas, 99

″  v. Trick, 83

″  v. Van Butchell, 84

″  v. Vantandillo, 147

″  v. Wagstaffe, 39

″  v. Webb, 84, 90

″  v. West, 147

″  v. Whitehead, 117

″  v. Williamson, 85

″  v. Wright, 125

S.

Sainter v. Ferguson, 193

Scott v. Wakem, 146

Seare v. Prentice, 21, 64

Seavey v. Preble, 143

Secord v. Harris, 131

Sellen v. Norman, 40

Shafer v. Dean’s ad’mor, 120

Shearwood v. Hay, 44

Sheldon v. Johnston, 24

Shields v. Blackburne, 65, 66

Simmons v. Means, 18

Simonds v. Henry, 58, 162, 168

Simpson v. Dismore, 18

Sinclair v. Rourk, 113

Sizer v. Burt, 106

Skinner v. G. N. Ry., 96

Skirving v. Ross, 134

Slater v. Baker, 59, 71, 168

Small v. Howard, 61

Smith v. Lane, 51

″  v. Hyde, 25

″  v. Watson, 18, 34

Southey v. Denny, 130, 132

Spaun v. Mercer, 33

Stackman v. Vivian, 38

Staunton v. Parker, 94

State v. Bowman, 117

″  v. Clark, 118

″  v. Cook, 112

″  v. Dickinson, 147

″  v. Fitzgerald, 147

″  v. Gedicke, 147

″  v. Hardister, 88

″  v. Henkle, 112

″  v. Hoyt, 104, 105

″  v. Holmes, 174

″  v. Knowles, 188

″  v. Laffer, 187

″  v. Jones, 117

″  v. Powell, 117

″  v. Reddick, 112

″  v. Shultz, 85, 89

″  v. Slagh, 117

″  v. Slagle, 147

″  v. Smith, 116, 117

″  v. Sturtevant, 117

″  v. Watson, 110

″  v. West, 104

″  v. Windsor, 126

″  v. Wood, 111, 117

″  v. Wray, 188

Stephenson v. N. Y. and H. R. Ry., 41

Stirling v. Thorp, 100

Street v. Blackburn, 166

St. Louis Mut. Ins. Co. v. Graves, 115

Suegoe’s Case, 133

Summer v. State, 31

Sutton v. Tracy, 48, 54

Swain v. Tyler, 38

T.

Tate v. State, 155, 156

Tatum v. Mohr, 114

Tingley v. Congill, 125

Thistleton v. Frewer, 52

Thomas v. Winchester, 180

Thorpe v. Shapleigh, 36

Todd v. Myers, 23

Toomes, _re_, 111, 113

Towne v. Gresley, 17

Tracy Peerage, 110

Tullis v. Kidd, 113

Tulty v. Alewin, 131

Turner v. Reynall, 44, 190

″  v. Turner, 26

Tuson v. Batting, 19, 23

Twombly v. Leach, 117

U.

U. S. v. McGlue, 126, 127

Utley v. Burns, 58

V.

Van Bracken v. Fondar, 179

Van Tassel v. Capson, 135

Veitch v. Russell, 16

Villalobas v. Mooney, 23

W.

Wade v. DeWitt, 104, 105

Wagstaffe v. Sharpe, 44

Walker v. G. W. Railway, 41

Wakley v. Healey, 135

Washburn v. Cuddihy, 103

Watling v. Walters, 33

Watson v. Vanderlash, 131

Webb v. Paige, 26, 28

Webber v. Shampake, 36

Wennall v. Adney, 40

Whetherbee v. Whetherbee, 128

Whalen v. St. Louis, etc., Railway, 79

Wharton v. Brook, 130

Wheeler v. Sims, 23

Whitcomb v. Reid, 171

Whittaker v. Parker, 110

White v. Bailey, 124, 125

″  v. Carroll, 132

Williams v. Poppleton, 118

″  v. Williams, 153

Wilmot v. Howard, 57, 70

″  v. Shaw, 47

Wilson v. Brett, 65, 166

″  v. Granby, 97

″  v. People, 117

″  v. Rastall, 93

Winans v. N. Y. & E. Railway, 113, 121

Wise v. Wilson, 194

Witt v. Witt, 97

Wohlfarht v. Beckert, 185

Woods v. Kelly, 37

Woods v. State, 188

Wright v. Proud, 140

Wynkoop v. Wynkoop, 153

Y.

Yertore v. Wiswall, 80

Yoe v. State, 105

Young v. Makepeace, 116

CORRIGENDA.

Page   5, line 23, _for_ ousted _read_ ousting.

″    8, line 3, _for_ was _read_ were.

″   12, line 17, _for_ his _read_ its.

″   24, line 19, _for_ friend _read_ friends.

″   43, line 18, _read_ Hahnemann _for_ Hahnneman.

″   55, line 6, _for_ misdemeanour _read_ misdemeanor.

″   85, last line but one, transpose the , and the ;.

″   96, line 7, _read_ witnesses, can be excluded the

″  103, line 15, _for_ Brown’s _read_ Browne’s.

″  105, line 10, _for_ words _read_ works.

″  115, line 5, _for_ opinion _read_ opinions.

″  119, last line but one, _read_ opinion of another etc.

″  138, line 1, _read_ occupies _for_ occupying.

″  173, line 12, _read_ within.

″  175, line 4, _read_ chemical.

″  177, last line, _read_ venditor.

THE LAW AND MEDICAL MEN.

CHAPTER I.

EARLY PRACTITIONERS AND LAWS.

The first medical practitioners in England, of whom we have any record,

were the Druids: these philosophers, theologians and soothsayers,

also practised medicine and surgery, and were skilled in anatomy and

physic. To add to the veneration in which they were held, to impress

the ignorant masses with the idea that they had power with the gods and

could prevail, and perhaps to cultivate a belief in the efficacy of

the remedies provided, they mingled incantations and charms with their

medicaments and nostrums. Their panacea was the mistletoe, cut from

the sacred oak, with a consecrated hook of gold held in holy hands, on

a mysterious night when the propitious beams of the waxing moon fell

upon it; wrapped for a while in a sanctified cloth and treasured up in

the holy of holies of the woodland god, this strange parasitic growth

was deemed possessed of many virtues and was named All-heal. Two other

herbs, the selago and samolus were also in those days highly valued for

their medicinal efficacy.

To every healing herb a divinity was assigned by the Druids, and the

good gods were ever ready to help suffering |2| humanity against the

evil genii who presided over the poisonous and unwholesome.

These priests also considered the creeping through _tolmens_ (or

perforated stones) good for many diseases. Their best charm, however,

was the anguineum, or snake’s egg, produced (’tis said) from the saliva

and frothy sweat of a cluster of snakes writhing in a tangled mass,

tossed in the air by the fierce hissings of the serpents, and caught

ere it fell to the ground in a clean white cloth. A genuine egg, though

encased in gold, would float against a running stream and do many

another marvel. The Druid seems to have been a herbalist, a believer

in the faith or prayer cure, as well as a homœopathist, for in taking

the diseased plant, the mistletoe, to cure diseases he anticipated the

doctrine of _similia similibus curantur_.

Even in those old days, according to Tacitus, there were female

physicians who competed with the practitioners of the other sex. The

wives of the Druids exercised the calling of sorceresses, causing

considerable evil by their witchcrafts, but caring for warriors

wounded in battle. Later on women seem to have enjoyed a pre-eminence

as physicians and surgeons in England. Thus are we told that a “Mayd”

treated a wounded “Squyre,”

Meekely shee bowed downe, to weete if life

Yett in his frosen members did remaine;

And, feeling by his pulses beating rife

That the weake sowle her seat did yett retaine,

Shee cast to comfort him with busy paine.

* * * * *

Into the woods thenceforth in haste shee went,

To seeke for herbes that mote him remedy;

For she of herbes had great intendiment.

* * * * *

There, whether yt divine tobacco were,

Or panachæa, or polygony,

Shee fownd, and brought it to her patient deare,

Who al this while lay bleding out his hart blood neare. |3|

The soveraine weede betwixt two marbles plaine

Shee pownded small, and did in peeces bruze;

And then atweene her lilly handes twaine

Into his wound the juice thereof did scruze;

And round about, as she could well it uze,

The flesh therewith she suppled, and did steepe

T’abate all spasme and soke the swelling bruze;

And, after having searcht the intuse deepe,

She with her scarf did bind the wound from cold to keep [1].

Of fair Nicolette we read—

Her strength alone

Thrust deftly back the dislocated bone;

Then culling various herbs of virtue tried,

While her white smock the needful bands supplied,

With many a coil the limb she swathed around,

And nature’s strength returned.

Chirurgery, or surgery—that is manual application—appears to have been

the earliest branch of the healing art. We are told of a wonderful cure

effected upon Queen Elgiva, whose beauteous face had been mutilated

by the brutal clergy. Many superstitious practices were in the early

days mingled with the operations of the surgeons, as well as of the

physicians. History speaks of a man the muscles of whose legs were

drawn up and contracted so as to defy all the skill of the surgeons,

until an angel advised wheat flour to be boiled in milk, and the limb

to be poulticed with it while warm; then all was well.

From the tenth to the twelfth century the practice of medicine and

surgery, in England, was almost exclusively in the hands of the monks

and clergy. So lucrative did they find it that many of the monks

devoted themselves entirely to it, to the utter neglect of their

religious duties. This the authorities of the church disapproved of,

and made many attempts to restrain. At last, in 1163, it was enacted

by the Council of Tours that no clergyman or monk should undertake any

bloody operation. From that time |4| the clerics confined themselves

to prescribing medicines, and the practice of surgery naturally fell

into the hands of the barbers and smiths, who had previously been

employed as assistants and dressers to the ecclesiastical operators.

The smiths soon found that most of the business was absorbed by the

barbers: the latter kept little shops for cutting hair, shaving,

bathing and curing the wounded, especially about the royal palaces and

the houses of the great: the shops were marked by a striped pole and a

basin, symbols that all the king’s subjects might know where to apply

in time of need; (the fillet around the pole indicating the ribbon for

bandaging the arm in bleeding, and the basin the vessel to receive

the blood). The barbers became so important that in 1461 the freemen

of “The Mystery of Barbers, using the mystery or faculty of Surgery,”

obtained a charter from Edward IV., and were incorporated under the

name of “The Company of Barbers in London,” and none were allowed to

practise save those admitted by the company. Although this charter was

several times confirmed by subsequent kings, yet side by side with

the regular barber-surgeons there grew up a body of men who practised

pure surgery, and who actually formed a company, called “The Surgeons

of London.” In 1540, by Act of Parliament, these rival companies

were united and named “The Masters, or Governors, of the Mystery and

Commonalty of the Barbers and Surgeons of London.”

The third section of this Act, after reciting that persons using the

mystery of surgery oftentimes meddled and took into their cure and

houses people infected with pestilence, great pox, and other contagious

infirmities, and also used or exercised barbery, as washing, or

shaving, or other feats thereto belonging, “which was very perilous for

infecting the King’s liege people resorting to their shops and houses

and there being washed and shaven,” enacted “that no |5| manner of

person within the City of London, suburbs of the same and one mile

compass of said City of London, after the feast of the Nativity of Our

Lord God then next coming, using barbery or shaving, or that hereafter

shall use barbery or shaving within the said city, etc., he nor they,

nor none of them, to his, her, or their use, shall occupy any surgery,

letting of blood, or any other thing belonging to surgery, drawing of

teeth only excepted; 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 nowise occupy nor exercise the feat or craft of barbery or

shaving, neither by himself, nor by one other for him, to his 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 circuit aforesaid, 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 [2].”

In 1745 this union of barbers and surgeons was dissolved; or,

apparently, the surgeons ousting the barbers, received a new name

and all the privileges of the old company, with the exclusive right

to practise within London and for seven miles around. In 1800 the

Surgeons’ Company was called “The Royal College of Surgeons, in

London;” and this, in 1843, was changed to that of “The Royal College

of Surgeons of England.”

In Scotland, at a very early day, the chirurgeons and barbers were

united, and enjoyed many rights and privileges. In 1505 the “craftes

of Surregeury and Barbouris” were |6| formed into a college or

corporation, by the town council of Edinburgh, and became one of the

fourteen incorporated trades of the city. George the Third erected this

corporation into a Royal College, and now it is known as “The Royal

College of Surgeons of Edinburgh.” In 1599, James VI., “to avoid the

inconvenience caused by ignorant, unskilled, and unlearned persons,

who, under the colour of chirurgeons, are in the habit of abusing the

people to their pleasure, and of destroying thereby infinite numbers

of his Majesty’s subjects,” incorporated the faculty of Physicians

and Surgeons of Glasgow; and gave them jurisdiction over the City of

Glasgow and the adjoining counties. A recent Act of Parliament has very

much shorn the privileges of this faculty [3].

In Ireland, the “Fraternity of Barbers and Chirurgeons of the Guild

of S. Mary Magdalene” was incorporated by Henry II. The apothecaries

belonged to this body until 1745, when, with the aid of a statute, they

set up for themselves, as “The Guild of S. Luke,” or “The worshipful

Company of Apothecaries.” In 1784 the regularly educated surgeons of

Dublin became incorporated under the name of “The Royal College of

Surgeons in Ireland.”

In the twelfth century medicine seems to have been first studied

as a science in England. The Universities enacted that none should

practise physic without passing through a certain course of study. In

the fourteenth century the degree of Doctor of Physic was by no means

uncommon. For many years physicians were greatly aided in chemistry and

medical science by the discoveries of alchemists, and the search after

the philosopher’s stone and the elixir of life gave many useful hints

to practitioners. Chaucer well describes a “Doctour of Phisike,” in the

Prologue to the |7| Canterbury Tales, and gives an insight into the

state of medical knowledge in the fourteenth century.

——He was grounded in astronomie.

He kept his patient a ful gret del

In houres by his magike naturel.

He knew the cause of every maladie,

Were it of cold, or hote, or moist, or drie,

And when engendred, and of what humour.

He was a veray parfite practisour.

The cause yknowe, and of his harm the rote,

Anon he gave to the sike man his bote.

Ful redy hadde he his apothecaries

To send him dragges, and his lettuaries,

For eche of hem made other for to winne:

His frendship n' as not newe to beginne.

Wel knew he the old Esculapius,

And Dioscorides, and eke Rufus;

Old Hippocras, Hali, and Gallien;

Serapion, Rasis and Avicen;

Averrois, Damascene and Constantin,

Bernard, and Gatisden and Gilbertin.

Of his diete mesurable was he,

For it was of no superfluitee,

But of gret nourishing and digestible.

His studie was but litel on the Bible.

In 1421, under Henry V., an Act was prepared, providing that “no one

shall use the mysterie of fysyk, unless he hath studied it at some

university, and is at least a bachelor in that science. And saying, the

sheriff shall inquire whether any one practises in his county contrary

to this regulation; and if any one so practise fysyk he shall forfeit

£40 and be imprisoned: and any woman who shall practise fysyk shall

incur the same penalty.” But this appears never to have become law.

It was not, however, until the beginning of the sixteenth century that

modern British medical practice may be said to have commenced. And

in 1511 was passed the first |8| statute for regulating the medical

profession [4]. From the preamble of this Act we learn that physic and

surgery were then practised by “ignorant persons, who could tell no

letters on the book, and by common artificers, smiths, weavers, and

women, who took upon themselves great cures, partly using sorcery and

witchcraft, partly applying very noxious medicines to the disease.”

Many years after this, however, were to be found those who though

not “ignorant persons” approved of what would now be called sorcery,

witchcraft and noxious medicines. Bacon gives the following as

infallible cures for the whooping-cough: let a pie-bald horse breathe

on the patient: give him fried mice, three a day for three days in

succession: pass the sick person nine times under the belly and over

the back of a donkey: feed the patient on currant cake made by a woman

who did not change her name when she was married: or, hold a toad in

the mouth that it may catch the disease. Burton, the Anatomist, says

that an amulet consisting of a spider in a nut-shell, lapped with silk,

is a cure for ague. Graham, in his “Domestic Medicine,” prescribes

spider’s webs for ague and intermittent fevers.

By the statute of Henry the profession was for the first time divided

into physicians, surgeons and apothecaries: a division still kept up

in England. It also enacts, under a penalty, that “no physician or

surgeon shall practise in London, or within seven miles of it, without

examination by the Bishop of London, or the Dean of St. Paul’s, and

four doctors of physic; nor out of the city, or precinct, but if he

be first examined and approved by the bishop of the diocese, or his

vicar-general, calling to them such expert persons in the same faculty

as their discretion shall think convenient.” Fancy a D.D. sitting in

judgment on an |9| M.D. How orthodox and regular in his attendance at

church would the latter have to be! However, 14 & 15 Henry VIII. cap.

5, vests this power of examination in the President and Elects of the

College of Physicians of London. This Royal College was founded in 1518

by letters patent from the king. Power was given to it to make laws

for the government of all men of the faculty of physic in London and

within seven miles, and for the correction of the physicians within

those limits and their medicines: and none could practise within those

limits without a license. Shortly after an Act of Parliament confirmed

this patent so that none could practise in England without the license

of the college, save graduates of Oxford and Cambridge. Subsequently

Fellows of the college were given power, together with the warden of

the Apothecaries’ Society, to enter the houses of apothecaries in

London, to examine their wares, drugs and stuffs, and to burn and

destroy those that were defective.

In 1560, by 32 Henry VIII. cap. 40, surgery was declared a part of

physic, and the practice thereof was thrown open to all of the company

or fellowship of physicians throughout the realm. Not long afterwards

the Parliament of this reforming king seems to have changed its mind

and made a move in the direction of free-trade in physic, and by 34 &

35 Henry VIII. cap. 8, any man or woman was permitted to practise to

a limited extent. We fancy we can trace the influence of the sturdy

king in the provisions of this Act, which was entitled, “An Act that

persons being no common surgeons may administer outward medicines

notwithstanding the statute;” the statute after referring to the Act

passed in the third year of the king’s reign (which imposed penalties

upon those who should practise as physicians or surgeons without being

examined and admitted) goes on to say, “Sithence the making of which

said Act (that of 3 Henry VIII.) the |10| company and fellowships 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 be

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, strangury, saucelin, and morphers, and such other

like diseases; and yet the said persons have not taken anything 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 now 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 of help of surgery, as daily do; but the

greatest part of surgeons admitted have been much more to be blamed

than those persons that they trouble.” It further states that “although

the most part of the persons of the said craft of surgery have small

cunning, yet they will take great sums of money and do little therefor,

and by reason thereof they do oftentimes impair and hurt their patients

rather than do them good.” In consideration whereof and for the ease

and health of the king’s poor subjects, it was enacted that it should

be lawful to every person having knowledge and experience of the nature

of herbs, etc., to practise and minister them without suit or vexation.

(Here is evidence of the existence of herb doctors, hydropaths and lady

physicians in those days.)

Numerous Acts of Parliament have been passed touching the medical

profession since the days of “Bluff King Hal,” |11| one under

James I. to prevent popish recusants practising physic, or using or

exercising the trade or art of an apothecary; another under William

and Mary for exempting apothecaries from serving as constables or

scavengers; another for exempting spirits and spirituous liquours used

by physicians, &c., in the preparation of medicine from duty, and

others for purposes too numerous to mention. But it is the Medical

Act of 1858, as amended by 22 Vict. cap. 21, that now governs the

practitioners.

In 1681, the Royal College of Physicians of Edinburgh, was incorporated

and power was given of licensing practitioners and of preventing others

practising. In Ireland, although the idea had been conceived many years

before, it was not until 1654 that a body called “The President and

Fraternity of Physicians” was founded; subsequently this company was

incorporated and powers given to it very similar to those enjoyed by

the London College. Under the Medical Act, Her Majesty was empowered to

change the name of this institution (which had already enjoyed several

aliases), to that of “The Royal College of Physicians of Ireland.”

In England and Ireland a third class of medical practitioners exists,

namely, the apothecaries. Prior to the days of Henry VIII. an

apothecary seems to have been the common name in England for a general

practitioner in medicine. About that time shops began to be established

for the exclusive sale of drugs and medicinal compounds, and those

who kept these shops often took upon them to doctor their customers.

In 1542 Henry’s parliament permitted any irregular practitioner to

administer outward medicines, and these shopkeepers readily availed

themselves of the permission granted by the Act and pushed the sale of

their drugs and obtained larger prices on account of the advice they

gave with them, and they appropriated exclusively the title of |12|

apothecaries. In 1617 they were incorporated under the name of “The

Master, Wardens and Society of the Art and Mystery of Apothecaries of

the City of London.” About the beginning of the seventeenth century

they began to prescribe as well as supply medicine; and although the

College of Physicians resisted this poaching on what they considered

their preserves, still early in the eighteenth century the matter was

settled in favor of the apothecaries, since which time they have been

legally recognised as a branch of the medical profession [5].

An Act of 1815 now regulates the practice of apothecaries throughout

England and Wales, and no one can act as such or recover any charges

for his services unless he has a certificate from the Society of

Apothecaries. An apothecary is bound to make up any prescription

duly signed by a licensed physician [6]. Creswell, J., considered an

apothecary one “who professes to judge of internal disease by its

symptoms, and applies himself to cure that disease by medicine.” And

Glenn says that the practice of an apothecary may now be said to

consist in attending and advising patients afflicted with diseases

requiring medical (as distinguished from surgical) treatment; and

prescribing, compounding and supplying medicines for their cure and

relief [7].

The invention of medicine was generally attributed by the ancients

to the gods, and both in Egypt and Greece female divinities were

intimately connected with the healing art. Isis not only caused, but

cured disease; she discovered—so it was said—many remedies and as late

as Galen several compounds in the materia medica bore her name. Hygeia,

the daughter of Æsculapius, was deemed |13| the goddess of health, and

Juno presided at accouchments. These fables show that in the remotest

antiquity woman practised medicine. The laws of Greece, at a later

period, forbad women to practise; thus, also, was it in Rome. However,

300 years before Christ, Agnodice—a young Athenian—dared to attend

in disguise the schools of medicine forbidden to her sex. Preserving

her incognito, when her education was finished she soon acquired a

lucrative practice; and eventually her case caused the law against

women to be revoked.

In the Middle Ages, among Mohammedans, many women were skilled in

attending to the needs of their own sex; and among the Christians,

nuns as well as monks ministered to bodies as well as souls diseased,

practising both surgery and physic. In Italy, at Salerno, women

prepared drugs and cosmetics, practised among persons of both sexes,

took doctor’s degrees, wrote treatises on medical subjects, obtained

the royal authority to engage in the art, and composed poems in praise

of their science. At the University of Bologna, as late as 1760,

Anna Morandi Manzolini filled the chair of Anatomy; her reputation

was European, and her lecture-room was frequented by students of all

countries—so great was her skill in delicate dissections, and so

clearly did she demonstrate the wonders of the human form divine. Dr.

Maria delle Donne was professor of medicine and obstetrics in the same

college in 1799; and many were the lady graduates of the Universities

of Padua, Pavia and Ferrara, as well as Bologna.

In France, the earliest official document extant relative to the

profession (dated 1311) forbids the practice of surgeons, or female

surgeons, who have failed to pass the required examinations; and

an edict of 1352 refers to female practitioners. In Spain, the

Universities of Cordova, Salamanca and Alcala bestowed doctor’s

degrees on |14| many women. In Germany, also, a number of the fair

sex successfully cultivated the science of medicine, and practised it,

in the last century and in the early part of this. In England, as has

already been seen, in early days women practised the healing arts.

Henry VIII. checked them for a time, but in his old age, changing his

mind on this, as on almost every other subject, gave them liberty to

minister to the outward and less serious ailments of his people.

Crossing the Atlantic an entry is found, under the date of March, 1638,

which tells a tale. It is this: “Jane Hawkins, the wife of Richard

Hawkins, had liberty till the beginning of the third month, called May,

and the magistrates (if she did not depart before) to dispose of her:

and in the meantime she is not to meddle in surgery or phisick, drinks,

plaisters or oyles, nor to question matters of religion, except with

the elders for satisfaction [8].” But now woman is no longer regarded

as too good or too stupid to study medicine in America; in nearly

every State in the Union she has free access to Medical Colleges [9].

The Council of the College of Physicians and Surgeons of Ontario

admit to registration and practice any person who complies with their

requirements, without regard to sex. And the Imperial Parliament, by an

Act passed in 1876, affirmed the principle that women are entitled to

become registered practitioners of medicine.

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The Law and Medical Men · 第 1 / 15 章