Anciently the king could grant the care of an idiot’s person and the

profits of his estate during his life, without account, except for

necessaries; but since the Revolution the crown has always granted the

surplus to some of his family. _Ridgw. Pa. Ca._ 159. _App. n._ 1.

_Lysart v. Royse. Sch. and Lef._ 153. _Fitz-geralds Case ib._ 436.

Footnote 491:

See also Lord _Wenman’s case_, 1 _P. Wms._ 702, _Beverley’s Case_, 4

_Co. R._ 126; _Rochfort v. Ely, Ridgw. Parl. ca._ 515 _App. note_ 1.

Footnote 492:

This term is recognised by the 4th _Geo._ 2, _c._ 10. _Carew v.

Johnson_, 2 _Sch. and Lef._ 304, and Sir _Ed. Coke_ says it is the

most legal name, 1 _Inst._ 246: “Here _Littleton_ explaineth a man of

no sound memory to be _non compos mentis_. Many times (as it here

appeareth) the Latin word explaineth the true sense; and calleth him

not _amens_, _demens_, _furiosus_, _lunaticus_, _fatuus_, _stultus_,

or the like, for _non compos mentis_ is most sure and legal.” Lord

_Coke_ says, “_Non compos mentis_ is of four sorts: first _Idiota_,

which from his nativity, by a perpetual infirmity, is non compos

mentis; secondly, he that by sickness, grief, or other accident,

wholly loses his memory and understanding; thirdly, a lunatic that has

sometimes his understanding and sometimes not, “_aliquando gaudet

lucis intervallis_;” and therefore he is called _non compos mentis_,

so long as he hath not understanding.”

Footnote 493:

Where it is among other things laid down that mere weakness of mind

only is not a sufficient reason for granting the custody of the person

and of his estate. The cupidity of relations is too apt to magnify

indiscretion, eccentricity, and more particularly pecuniary

extravagance into signs of madness; juries and commissioners cannot be

too much on their guard against such modes of proof, lest one half of

the world should lock up the other. The Romans committed prodigals to

the custody of a guardian, as if they had been infants or madmen; but

this is not the law of England.

Footnote 494:

In common parlance it is called the jurisdiction of the Court of

Chancery; but in strictness, the care and regulation of ideots and

lunatics is a branch of the king’s prerogative (17 _Ed._ 2. _c._ 9.)

which is committed to the Lord Chancellor, not by delivery of the

great seal, as his general jurisdiction is, but by warrant under the

sign manual; therefore the appeal is to the King in Council, and not

to the House of Lords; and neither the Master of the Rolls nor the

Vice Chancellor can sit for the Chancellor, or make any orders in

matters of lunacy.

Footnote 495:

See _Beverley’s Case_, 4 _Co. Rep._ 123. So in the case of Miss

_Kendrick_, 8 _Ves._ 67; Lord _Eldon_ said, “No one can look at this

case without seeing, that every person about this lady is satisfied,

that some care should be thrown round her. If clearly it is fit to

protect her against executing powers of attorney, that she should not

decide where her person, or with what trustees her property ought to

be, all agreeing, that she should not choose the persons who are to

have the care of her property, it is fit for me to put a controul upon

those who may be proper persons to have the controul of her property.

I will not subject her to another commission; but will direct two

physicians, who have not been concerned nor consulted, to talk to

those who have been concerned and consulted, to see the evidence, and

afterwards in the most tender manner, to find the means of visiting

her without alarming her, for the purpose of determining, whether her

state of mind is competent to the management of her affairs. I am

pretty confident Lord _Hardwicke_ would not have gone so far: but

finding when I came here a course of cases establishing this

authority, and feeling a strong inclination to maintain it, or that

the legislature should take measures to preserve persons in a state of

imbecility, laying them as open to mischief as insanity; till these

decisions are reviewed, I will not alter them.”

An order was made accordingly, restraining Miss _Kendrick_ from

executing any instrument, except in the manner and with the

attestation directed by the order.—We have not been able to discover

this order in the Register’s books.

Footnote 496:

A broad distinction, however, is to be made between the immediate and

remote effects of intoxication: we shall have occasion to dwell at

greater length upon this subject, under the consideration of Criminal

Responsibility, in the third part of this work; upon the present

occasion, we shall only observe in the words of Dr. Haslam, that

although the usual effect of fermented liquors is temporary, yet that

a single debauch may produce a state of mind that may be continued

into a permanent insanity; and the person so affected may remain for

many months in a state of mental derangement, and during the

prevalence of his disorder may be compelled to forego all intoxicating

beverage.

Footnote 497:

_See Bl. Commen._ 497; _Hall v. Warren_, 9; _Ves._ 605; _White and

Wilson_; 13 _Ves._ 37; 1 _Fonb. Tr. Eq._ 51, and cases there; 1

_Collinson_, 608, & cases there.

Footnote 498:

A lunatic ought not to be brought before the Court of Commissioners

under any artificial excitement. In a recent instance, a lunatic, or

supposed lunatic, was brought before commissioners for a second

examination, his conduct at the first having been rational; in the

interval he had been permitted to drink a considerable quantity of

ale, spirits, and bottled porter, immediately after which he was again

produced, when his altered demeanor convinced the jury (ignorant of

his potations) that he was lunatic, and a verdict was found

accordingly. One of the commissioners being afterwards accidentally

informed of the circumstance, laid the case before the Lord

Chancellor, who immediately quashed the commission. The conduct of

these keepers could not be too severely reprobated, and we may take

this opportunity of hinting that the practice of holding any judicial

investigation in taverns and public houses (where it can be avoided)

is liable to many objections; at least the _Inquisitio post prandium_

should be abolished.

Footnote 499:

Access has also been denied to a party having an interest, _Ex parte

Littleton_, 6 _Ves._ 7; but query.

Footnote 500:

And when the lunatic’s estate is too small to bear the expense of a

commission, a reference has been directed to the Master, and an order

for the payment of dividends made on his report. This appeared to Lord

_Loughborough_ to be irregular; the precedent was only to be followed

in cases of necessity. _Eyre v. Wake, Ves._ 179. In 1799 the expense

of a commission was about £120. Lord _Talbot_ admitted a defendant who

had lost his memory by extreme age, to answer by guardian, the matter

in demand being but small. 2 _P. Wms._ 110, and Lord _Eldon_

restrained a supposed lunatic by injunction from doing certain acts,

vide ante, Miss _Kendrick’s case_.

Footnote 501:

A Commission must not be sued out to be held in terrorem; if a person

keep the Commission by him several years without executing it, he is

guilty of a contempt, and the Commission will be discharged with

costs. 2 _Atk._ 52.

An Inquisition in England is not sufficient to bind lands in Ireland;

there must be an Inquisition and finding under the Great Seal of

Ireland. _Duchess of Chandos’ Case_, 1 _Sch. and Lef._ 301.

Footnote 502:

A Commission of lunacy, in a proper case, will be granted on the

application of a stranger. _Ex parte Ogle._ 15 _Ves._ 112. _Ex parte

Ward._ 6 _Ves._ 579.

Footnote 503:

The Commissioners are selected by the Lord Chancellor, who generally

appoints experienced Barristers; some benefit might arise if two of

the Censors of the College of Physicians were added to the commission.

Footnote 504:

On foreign proceedings in the nature of Commissions of lunacy, see

_Sylva v. Da Costa_. 8 _Ves._ 316. _Ex p. Gillam_, 2 _Ves. jun._ 587.

Footnote 505:

In this case an Irish Peeress was committed for not producing her

husband.

Footnote 506:

The supposed lunatic should have due notice, and the Commission be

executed near the place of abode. _Ex parte Hall._ 7 _Ves._ 261, for

it is his privilege to be at the execution of it. _Ex parte Cranmer._

Footnote 507:

A lunatic who would have been convicted of a capital crime but for the

plea of lunacy, may recover, and claim his liberty, as was the case of

_Hadfield_, who shot at his late Majesty, and who presented a petition

for enlargement to the House of Commons. It is more than doubtful

whether such applications should ever be complied with; a man restored

to sanity under coercion may very quickly relapse when he becomes his

own master; a moderate quantity of spirits, or exposure to other

irritation, may readily produce a paroxysm which may be attended with

fatal consequences, either to the party himself, or, to some other.

Public policy therefore requires a continuance of the restraint,

however painful to the individual. If there be one case which admits

of relaxation less than another, it is where injuries of the head have

produced the insanity. For the trial of _Hadfield_, see 19 _How. St.

Tri._ 1281.

Footnote 508:

DELIRIUM, a word employed by the Romans, had its origin from the

process of ploughing; for when the oxen deviated from the line to be

pursued, they were said to be _de lira_, out of the track; and this

figure was transferred to the deviations of the human intellect, when

it erred from the established course. Delirium, says Dr. Cullen, may

be shortly defined,—“In a person awake, a false judgment arising from

perceptions of imagination, or from false recollection, and commonly

producing disproportionate emotions.” It is of two kinds; as it is

combined with pyrexia and comatose affections: or, as it is entirely

without such combination; in the latter case it is named _Insanity_.

Footnote 509:

There frequently exists an illusion as to particular things, to which,

says Dr. Male, men of genius are sometimes subject, which leads them

to indulge eccentric whimsies and extravagant fancies, whilst on every

other subject their perception is clear, and their conclusions

correct; instances of this kind abound in every treatise on insanity,

and may be traced from the earliest period of history. Pythagoras

believed that he had lived in prior ages, and inhabited different

bodies, and that in the shape of Euphorbus he had assisted in the

siege of Troy. Tasso fancied himself to be visited by a familiar

spirit, with whom he conversed aloud (_Hoole’s Life of Tasso_). The

hero of the celebrated romance of Cervantes, exhibits a well-drawn

picture of this species of insanity; and although in a less attractive

costume, how frequently do we recognise Don Quixote in every rank and

description of society? If, says a celebrated writer, the circle in

which this absurdity revolves is so very small as to touch nobody, a

man is only what is then called _singular_ in that respect; but if its

orbit is extended so as to run foul of other people, he is then called

a madman, and is confined.—ARMATA, Part II.

Footnote 510:

The admirers of modern Tragedy might be reasonably alarmed if their

approvals should be too strictly construed into symptoms of madness.

Footnote 511:

The case of Miss _Butterfield_, which we shall have other occasion to

refer to, is somewhat similar in effect to this. Mr. _Scawen_ had left

Miss B. a considerable legacy; but being impressed by his surgeon with

the idea that she had poisoned him with corrosive sublimate, he turned

her out of his house and altered his will. Mr. S. died, and so

evidently by mercurial poison, that Miss B. was tried for the murder,

but was acquitted, there being no evidence that she was the person by

whom the poison had been administered, and a considerable probability

that it had been contained in some quack medicines which Mr. S. had

taken. Under such circumstances a restoration of her legacy might have

been expected either from the liberality of the next of kin, or from

the interposition of a Court of Equity.

Footnote 512:

Continued by 19, and made perpetual by 26 _Geo._ 3, _c._ 91.

Footnote 513:

The Commissioners appointed by the College act within London and seven

miles compass, and within the county of Middlesex:—Query, why not in

the adjacent counties of Kent, Essex, and Surry, in which they have

but a limited jurisdiction?

Footnote 514:

If any alteration be necessary on this subject, we should suggest the

joining in Commission the legal Commissioners of Lunatics, named by

the Lord Chancellor, with the Medical Commissioners, elected by the

College; the former might acquire experience in judging of the ever

varying forms of lunacy, and the latter would gain legal assistance in

the execution of their duty.

Footnote 515:

The case of Mary Mills in 1806, (1 _Collinson_, 530, and Annual

Register, 1806) shews that some additional strictness is necessary in

comparing the number of registered lunatics with the number actually

confined.

Footnote 516:

Public Lunatic Asylums may be considered as divisible into three

classes, viz. 1. Those which are entirely eleemosynary, or are

supported partly by an income, funded or landed, but arising from

benevolence, and partly by voluntary contributions,

2. Those which are supported, partly by voluntary contributions, and

partly by pensionary patients, paying according to a certain gradation

of rank,

3. Pauper Lunatic Asylums founded under _Mr. Wynne’s_ act, at the

expense of the county, and where the patients are supported by their

parishes.

Most Eleemosynary Lunatic Asylums, either for want of sufficient

funds, or of room to accommodate all the lunatics who apply, exclude

epilepsy and idiotsy, making occasional exceptions, where the friends

of the patient can afford to pay the expense of maintenance. County

Pauper-lunatic Asylums are compelled to receive both these classes of

patients, if considered dangerous, but not otherwise.

Footnote 517:

In Scotland by 55 _Geo._ 3, _c._ 69. In Ireland by 57 _Geo._ 3, _c._

106; 1 _Geo._ 4, _c._ 98; 1 and 2 _Geo._ 4, _c._ 33.

Footnote 518:

See an Essay on Madness, by _Dr. Johnstone_.

Footnote 519:

_Reeve_ on Critinism; Phil. Trans. 1808, III; and Edinb. Med. Journ.

v. 31.

Footnote 520:

It has been calculated that the thirtieth part of the Epileptic

degenerate into a state of fatuity.

Footnote 521:

Medical Jurisprudence, as it relates to Insanity, by _John Haslam, M.

D._ London, 1817.

Footnote 522:

See _Burrows’s_ Inquiry into certain errors relative to Insanity, page

164.

Footnote 523:

μανία from μαίνομαι _I rage_.

Footnote 524:

μελαγχολία, from μελας, _black_, and χολὴ _bile_; black bile being

considered as the cause of the malady.

Footnote 525:

A Reply to _Dr. Battie’s_ Treatise on Madness, 8 Lond. 1785.

Footnote 526:

Religious fanaticism is so frequently attendant upon mania, that a

question has arisen respecting their relative dependance upon each

other, as to whether the former be the cause or the effect of the

latter? It seems probable that both these opinions are correct, for,

as _Dr. Burrows_ very justly observes that, as religion influences the

internal man more than all the passions collectively, so it may be a

_cause_ of insanity; while, on the other hand, there is no doubt, that

a lunatic may imbibe a religious as well as any other hallucination,

and yet be insane from a cause very contrary to religious.

Footnote 527:

_Haslam_—Op. citat.

Footnote 528:

_Dr. Haslam_ ventures an opinion upon this subject, which appears to

us so plausible that we shall introduce it to the notice of our

readers. “The ordinary class of persons, who are usually summoned to

act as jurymen, have in common with the mass of mankind, who have

wanted the means of direct information, adopted the popular and

floating opinions on the subject of insanity. That dramatic

representations have forcibly operated for this purpose there is

little reason to doubt: and some of the plays of _Shakspeare_ exhibit

many of the forms which this malady is supposed to assume. Among such

characters none have more strongly fastened on the general mind than

the outrageous _Lear_, and the distracted _Ophelia_; the subtile

crasiness of _Hamlet_ leaves it doubtful whether his alienation of

mind be real or conventionally assumed, and to the ordinary observer

conveys more of fiction than the avowed counterfeit of _Edgar_.

Romances, the literary food of the idle and thoughtless, abound in

descriptions of intellectual calamity; but these artificers of fancy,

like many unskilful performers, are too prone to strain the loftier

impressions of feeling, and distort the energies of passion into

mental derangement. Something of affecting interest may be excited by

the weaknesses and wanderings of _Maria_, but _Cervantes_ has

exhibited the happiest and most correct picture of systematic

insanity; although the vehicle of chivalry in which it is conveyed,

has, to our own countrymen, blunted its interest as a physiological

portrait of madness; his sallies have provoked mirth, and so keen is

the relish for the ridiculous, that in the luxury of laughter, the

reader has forgotten the tribute of commiseration.”

Footnote 529:

See _Erskine’s_ Speeches, vol. iv.

Footnote 530:

_Male’s_ Juridical Medicine, edit. 2, p. 208.

Footnote 531:

Dict. des Sciences Med. Art. _Folie._

Footnote 532:

Op. citat. p. 208.

Footnote 533:

This is well illustrated by the remarkable case of Nicolai of Berlin,

as cited by _Dr. Ferriar_ on Apparitions, p. 41, and also by _Dr.

Haslam_ in his “_Medical Jurisprudence, as it relates to Insanity_,”

p. 25.

Footnote 534:

_Haslam_ on Insanity.

Footnote 535:

See _Male’s_ Juridical Medicine, p. 220.

Footnote 536:

_Dr. Burrows_, in his “Inquiry into certain errors relative to

Insanity,” has taken a comprehensive view of this important question,

in which he attempts to prove that _a very large proportion of the

insane recover the perfect use of their understanding_, and in

elucidation he has submitted a comparative table of cures, comprising

returns from all the public lunatic asylums in England, and likewise

all the returns from Scotland that are accessible. To this work we

must refer the reader. The statistical branch of this subject has been

greatly elucidated by _Dr. Powell_, the Secretary to the Commissioners

for licensing mad-houses; and we are happy in being authorised to

state that the public may shortly expect an important publication from

the same author, in which the views of Dr. Burrows will probably be

duly examined.

Footnote 537:

_Dr. J. Johnstone_ on Madness.

Footnote 538:

An Inquiry, &c. p. 64.

Footnote 539:

A Treatise on experience in Physic, vol. 2, p. 292; see also _Dr.

Crichton’s_ valuable work on Mental Derangement.

Footnote 540:

During ten years 80 patients of this description were admitted into

Bethlem hospital, 50 of whom perfectly recovered.

Footnote 541:

De Sedibus et Causis, Epist. 1, 8, 6.

Footnote 542:

See a review of a work entitled “_A Treatise on the Diseases of the

Nervous System, Part I; comprising Convulsive and Maniacal

Affections,” by_ J. C. PRICHARD, M.D. &c. London, 1821, p. 426,

Medical Repository, Feb. 1, 1822.

Footnote 543:

On the manufactures and occupations above alluded to, we have make the

following observations.—

(1) As the vegetable matter undergoes the putrefactive process in

stagnant pools, the effluvia which arise are necessarily highly

pernicious; while the waters become so poisonous as to destroy the

fish contained in them, as well as to prove injurious to cattle that

drink of them. In Italy the process of steeping flax or hemp is only

permitted at the distance of some leagues from a town. ZIMMERMAN tells

us that the effluvia from this source have been known to occasion a

malignant fever, which proved fatal to the family in which it first

began, and afterwards spread its contagion through a whole country.

LANCISI observes, that dangerous fevers are often prevalent at

Constantinople, which owe their source to the hemp brought from Cairo,

and which is put wet into the public granaries, and suffered to

ferment during the summer. At Helmstedt there is annually in the

autumn, when the flax is steeped in the Aller, an epidemic dysentery

that prevails for several weeks.

(2) The manufacture of starch can scarcely be considered, in itself, a

nuisance, for although it be necessary to produce the acetous

fermentation, in order to remove from the fecula any colouring matter,

yet if sufficient attention be paid to the operation, and the water be

properly let off from the settling-vessels, no inconvenience can

arise. A nuisance, however, of considerable magnitude may incidentally

attend these manufactories, from the number of swine which are

constantly kept by the starch maker, and the profit of which forms a

part of his speculation, and which is so considerable that he can

generally afford to sell the starch at prime cost, relying wholly upon

the former trade for his profits.

(3) The process of tanning involves several operations of a very

nauseous description; the hides, for example, undergo incipient

putrefaction in order to loosen the epidermis, and to render the hair

and other extraneous matter easy of separation from the true skin.

(4) The peregrinations and vicissitudes of fate to which the horse is

doomed during life has repeatedly furnished subjects of reflection;

but few are aware to how many economical purposes his carcase is

converted after death, and to how many noisome processes it gives

rise. The dealers in dead horses, or _nackers_, as they are termed,

begin their mercantile anatomy by taking off the shoes and disposing

of them to the farrier; the skins are next stripped off, and sold to

the tanner; the carcase is then cut into pieces, and boiled in large

cauldrons of water, in order to extract the fatty matter, which, being

skimmed off from the surface of the liquor, is “_rendered down_” and

packed in cases for the soap-boiler, or the manufacturer of

cart-grease. Whatever remains after this operation supplies the

venders of dog’s and cat’s meat with a dainty article of sale; at

length the views of the greedy trader are directed to the bones of

this noble animal; a number of persons find employment in chopping

them into small fragments, from which the marrow is then extracted by

a boiling for several hours, and added to the fat already obtained

from the carcase; the dry remains are employed in the production of

hartshorn by distillation; and after this process is finished, they

are removed from the still, and calcined to whiteness, in order to be

mixed with clay for the manufacture of porcelaine; or they are

consumed for the formation of ivory-black.

(5) The intolerable nuisance of a public brewery arises from the

volumes of carbonaceous matter with which it overwhelms the

neighbourhood. We shall therefore take this occasion to offer the

remarks which we are prepared to make respecting the effects of smoke

on the inhabitants of the metropolis, and on the methods which have

been suggested for the mitigation of the evil. And upon this subject

we entirely agree with an intelligent reviewer, that, after all, it is

not a few chimneys attached to steam engines that infect the air of

London with smoke; every house is busy in the work of contamination,

although less observed, because administered by separate vents, and in

divided doses.

In the year 1661, a work was published by the celebrated JOHN EVELYN

on the subject of this grievance, entitled, “FUMIFUGIUM; _or the

Inconveniences of the Air and Smoake of London dissipated; together

with some remedies humbly proposed to his sacred Majestie, and to the

Parliament now assembled_.” The above “short discourse” has become

exceedingly scarce, but the reader will find an interesting account of

its contents in the Journal of Science and the Arts. It is certainly a

curious coincidence that the attention of John Evelyn should have been

first excited on this subject by “a presumptuous smoake issuing from

one or two tunnels near Northumberland house, and not far from

Scotland yard,”—the very seat of the plots of our modern fumifugists!

After adverting to the situation of the metropolis “built upon a sweet

and most agreeable eminency of ground at the north side of a goodly

and well conditioned river, toward which it has an aspect by a gentle

and easie declivity,” he proceeds to animadvert upon that “hellish and

dismall cloud of sea coale, which is not only perpetually imminent

over her head, but so universally mixed with the otherwise wholesome

and excellent air, that her inhabitants breathe nothing but an impure

thick mist, accompanied with a fuliginous and filthy vapour, which

renders them obnoxious to a thousand inconveniences, corrupting their

lungs, and disordering the entire habit of their bodies.” It appears

that in Evelyn’s time, brewers, dyers, lime-burners, and salt and

soap-boilers, were the principal nuisances; and “since then,” says the

editor of the new edition of the FUMIFUGIUM in 1772, “we have a great

increase of glass-houses, founderies, and sugar-bakers, to add to the

black catalogue, at the head of which must be placed the fire engines

of the water-works at London bridge and York-buildings, which leave

the astonished spectator at a loss to determine whether they do not

tend to poison and destroy more of the inhabitants by their smoke and

stench than they supply with water;” to which sooty list, says the

reviewer, in the Journal of Science and the Arts, above cited, “what

astonishing additions have been made, within the last thirty years, in

and about London? How many new water-companies, and smoke-producing

manufactories have been added to the catalogue? A newspaper cannot now

be printed, nor a pound of meat minced for sausages without a

steam-engine; to the same smoky servant the druggist resorts to grind

his rhubarb and to sift his magnesia,[544] and upon all possible

occasions the services of the other elements is superseded by that of

fire.” With respect to the deleterious effects of smoke upon the

health of the inhabitants of our mighty city, much difference of

opinion has existed; amongst Foreigners the air of London has the

reputation of being extremely unhealthy, on account of the exhalation

which arises from the use of coal; it excites in strangers, says

_Zimmerman_, a considerable heat in the stomach, and sometimes a

spitting of blood, and even nervous fevers which terminate in palsy.

(_Experience in Physic, vol._ 2, _p._ 137). It is hardly necessary for

us to make any observation upon a prejudice so absurd and unfounded;

_Evelyn_ also seems, in our opinion, to attribute more evils to the

smoke than can be well substantiated; “I report myself,” says he, “to

all those who have been compelled to breathe the air of other

countries for some years, if they do not now perceive a manifest

alteration in their appetite, and clearness of their spirits,

especially such as have lived long in France and the city of Paris.”

Although we are not disposed to consider the smoky atmosphere of

London as so destructive to health as some have imagined, we are not

prepared to state that it is entirely harmless. Children are certainly

less healthy in this city than in the country; and the superior

rapidity with which iron becomes oxidized, indicates the existence of

atmospheric impurities. The phenomena of vegetation also offers

another demonstration of the same fact; Evelyn has the following

curious remarks upon this circumstance: “That the smoake destroys our

vegetation is shewn by that which was by many observed in the year

1644, when Newcastle was besieged, and blocked up in our late wars, so

as through the great dearth and scarcity of coals, these fumous works

were either left off, or diminished, divers gardens and orchards

planted even in the very heart of London, (as in particular, my Lord

Marquis of Hertford in the Strand; my Lord Bridgewater’s, and some

others about Barbican) were observed to bear such plentiful and

infinite quantities of fruits, as they never produced the like before,

or since, to their great astonishment; but it was by the owners

rightly imputed to the penury of coales, and the little smoake which

they took notice to infest them that yeare.”

Although some difference of opinion may exist, as to the extent of the

evil, in a medical point of view, we must all concur in agreeing upon

the necessity of some plan by which it may be diminished; we shall,

therefore, proceed to offer some remarks upon the proposals which have

been made, at different times, for obtaining so desirable an object.

_Mr. Evelyn’s_ plan consisted in the removal of all smoking

manufactories from London, “five or six miles down the river Thames,

or at least, so far as to stand behind that promontory jutting out and

securing Greenwich from the pestilential air of Plumstead marshes.” He

then proposes gardens and plantations in and about the metropolis, and

enumerates a variety of fragrant plants, suited to our climate, and

calculated to sweeten and improve the air.[545]

In the year 1682, Mr. _Justell_ communicated to the Royal Society,

“_An account of an Engine that consumes smoke, shewn lately at St.

Germains Fair in Paris._” _Dr. Leutmann_, of Wirtemburgh, described in

his “Vulcanus Famulans,” a stove which draws downwards, so that the

contrivances of the _Marquis de Chabannes_, and others who have burnt

their smoke by a downward draught of air were not original. _Dr.

Franklin_ in 1785 (_Memoirs of the Life and Writings of Benjamin

Franklin, vol._ iv. _p._ 408) suggested a mode of burning smoke; but

to the illustrious _Mr. Watt_, we are more particularly indebted for

the first important hints upon this subject; his patent may be seen in

the _fourth volume of the Repertory of Arts_ for 1796, p. 226; and the

great engines at the Soho manufactory have all along been worked

without smoke; it is therefore not a little extraordinary, as a late

reviewer has justly observed, that in the Report from the Committee of

the House of Commons “to enquire how far it may be practicable to

compel persons using steam engines and furnaces in their different

works to erect them in a manner less prejudicial to public health and

public comfort,” and upon which report the bill of last session is

founded, no notice is taken of _Mr. Watt’s_ suggestions and inquiries.

In the Parliamentary Report, to which we have just alluded, there are

two inventions for the destruction of smoke, which appear to have

principally occupied the attention of the Committee, and which profess

to accomplish the object, with a very considerable saving of fuel,

viz:

_Mr. Brunton’s Fire Regulator._ In this patent a newly constructed

fire-place is applied to the engine boiler, containing a circular

grate, which is made to revolve slowly upon its axis; the fire upon

this grate is fed in front by a kind of hopper continually delivering

small coal, which, from the rotatory motion of the grate itself,

becomes equally spread upon its surface, so as to maintain a thin

fire, and a sharp draught; the coal is thus rapidly decomposed and

burned; the smoke at first produced having to pass across the grate,

and over the red hot, and already coaked fuel.

_Patent of Messrs. Parkes of Warwick._—The principal agent in this

improvement is a current of air, admitted just beyond the end of the

fire-place, by means of an aperture which may be increased, or closed

at pleasure, and which the patentee term an “_air valve_.” A small

fire is first made to burn brightly at the back of the grate; coals

are then filled in towards the front, in which direction the fire

gradually spreads; their smoke necessarily passes over the clear fire,

where it becomes sufficiently heated to constitute flame, as soon as

it meets with the current of air entering at the valve; and a striking

experiment with this apparatus consists in alternately shutting and

opening the air-valve, which is accompanied by the alternate

appearance and disappearance of the smoke.

Instead, however, of insisting upon any form of fire-place, greater

benefit would arise from an enactment respecting the height of

chimneys; our intelligent reviewer, of whose remarks we have so

frequently availed ourselves, observes, that by conveying black smoke,

and other pernicious fumes into a capacious and very lofty chimney,

much of the noxious matters that otherwise escape into the atmosphere

are decomposed and precipitated or condensed within; of the truth of

which, the chimney of the grand-junction engine, at Paddington, and

that of the West Middlesex water-works, at Hammersmith, offer striking

illustrations; when these machines are at work, the former produces

little smoke, while the latter inundates the neighbouring gardens with

perpetual showers of solid soot; and yet the only difference is in the

relative altitude of the two chimneys; the boilers being, in all

respects, set and constructed alike. A chimney from 150 to 200 feet

would in most cases prove effectual, and the expense might be

considerably lessened by making one shaft receive all the tributary

fumes of many flues. But to return to the nuisance of breweries, from

which we have made so long a digression; it is probable, that the

smoke from these chimneys could not be remedied either by Brunton’s or

Parkes’s patent, but the increasing the altitude of the chimney would

seem to promise a mode of relief; we are also to look to the

employment of steam as a substitute for fires; high pressure steam has

been very extensively employed for this purpose in Whitbread’s

brewery, and the smoke has in consequence sustained a very perceptible

diminution.

(6) Sulphuric acid makers are continually indicted; and it would

appear that by a scientific improvement in the process, the escape of

the sulphurous acid, which constitutes the grievance, might to a great

degree be obviated. How does it happen that, notwithstanding the cost

of the materials necessary for the production of sulphuric acid, is in

France at least double what it is in England, the French can afford to

sell the article 25 per cent. cheaper than the English? the answer is

obvious,—the great part of the materials are sent off into the air, in

the form of _sulphurous acid_, and _nitrous gas_, to the annoyance of

the neighbouring animals and vegetables, and the ruin, too often, of

the proprietor. See _Journal of Science and the Arts_. In a report

drawn up in the year 1806 by Guyton Morveau, and Chaptal, upon the

subject of injurious manufactories, by command of the minister of the

interior, it is declared that the distillation of acids can only prove

dangerous from want of due precaution.

(7) The manufacture of Prussian blue is necessarily attended with

highly offensive vapours. The first part of the process consists in

mixing hoofs and tup’s horns with Russian or American potass, in large

iron stills, to which heat is gradually applied, until the vessel

become red hot; the animal matter and alkali being thus fused into a

mass is laded out into iron pans, where it concretes into solid

blocks, technically called _metals_.

(8) The operation of unfolding the cow’s horns by the application of

heat is attended with a terrible stench; the trade in lanthorn leaves

was formerly very considerable with Russia; but it was nearly

annihilated by an edict of Catherine; the less flexible parts are made

into combs; and the tips of the horns are sent to Birmingham for the

manufacture of buttons.

(9) Owing to the viscid nature of the materials, it is impossible to

make varnish without burning the animal matter, which occasions a

stench of the most insufferable kind; and is so suffocating, that very

lately two workmen lost their lives in a manufactory of this article

in Gray’s-inn-lane.

(10) The animal matters employed in this process give rise to a stench

which has repeatedly formed the ground of indictment. The most

nauseous part of the trade, however, consists in concentrating the

waste lees, for the purpose of obtaining by fusion in a reverberatory

furnace, an article which is called BLACK ASH, and which contains,

amongst other salts, the _sulphuret of soda_.

(11) “Renderers of tallow” are persons who convert the butcher’s fat,

&c. into tallow.

(12) The process of smelting different ores is the most injurious of

all the operations of art, although to the senses it may be less

nauseous than those in which animal matter undergoes decomposition by

heat, or putrefaction. These evils, however, by the ingenious

application of various mechanical and chemical expedients, have in

many instances been very materially diminished, and in others,

entirely obviated; this is strikingly illustrated in several large

works for smelting lead ores; and the proprietors of the Hafod copper

works, at Swansea, are at present engaged in an experimental inquiry

into various plans which have been proposed for diminishing, or

preventing the ill effects which arise from the metallic fumes.

Acquainted as we are with the liberality and science of these

gentlemen, we have little doubt of the result; and we mention the

circumstance in this place in order to recommend similar efforts on

the part of persons engaged in other works; and at the same time for

the purpose of preparing the reader for some observations which we

shall take occasion to offer, on the subject of the law of nuisance,

in relation to its operation in stopping works of such national

importance. It would be premature to enter into any detailed account

of the chemical means which promise a successful resource on this

occasion; we shall only observe that the great mischief seems to arise

from the quantity of arsenic, so universally present in the ores of

copper; and there is reason to hope, from the experiments already made

by Mr. J. H. _Vivian_, that _Lime_ may be usefully employed in

preventing its volatilization. The author of the present note has had

ample opportunities of investigating the effects of arsenical fumes,

which arise from the burning-houses in Cornwall, and from the great

copper works carried on at Hayle in that county, and they appear to be

especially pernicious to graminivorous quadrupeds; horses and cows

lose their hoofs; and the latter animals are not unfrequently seen, in

the vicinity of the works, crawling along on their knees; they are

also subject to a cancerous affection in their tails; and milch cows

loose their milk. The herbage also suffers materially from the

poisonous smoke, especially in wet seasons; corn is blighted in the

ear, and never perfects its seed, unless care be taken to select at

that period such ore as will yield but little sublimate. Cabbages do

not appear to suffer in the least; nor are potatoes materially

injured; and it is not the least curious circumstance in the history

of these works, that the apple-trees in their vicinity grow and bear

fruit without sustaining any of those ill effects which we should have

anticipated, but, on the contrary, the arsenical fumes appear to

destroy all the insects which usually infest such trees, and their

trunks exhibit a cleanness which would delight the horticulturist. The

men employed in these works are occasionally affected with a cancerous

disease in the scrotum, similar to that which infests

chimney-sweepers; it is however probable that this arises from the

immediate application of the excoriating material made by the hand in

the act of rubbing the part. A similar affection was a short time

since observed in a manufactory, in which the workmen were engaged in

making an arsenical solution for a green dye, used in calico printing.

(13) Gas Works. We have lately learnt, that a method has been adopted

to get rid of the nuisance which has arisen from the residual liquor

from these works, by evaporating it in pans, placed in the ash-pit of

the furnace, and by which the iron bars of the fire-place are at the

same time kept cool, and are therefore much longer preserved. The

contrivance may be seen at the gas works in Worship-street.

Footnote 544:

By a visit to Apothecaries’ Hall, or to any of the great manufacturing

chemists, the stranger will be astonished at the number and utility of

the applications of steam to the processes of Pharmacy.

_M. Dupin_, when speaking of the immense mechanical force set in

action by the steam-engines of England, gives the following

illustration of its amount:—The great pyramid of Egypt required for

its erection the labour of above 100,000 men for twenty years; the

action of the steam-engines in England, which are, at most, all

managed by 36,000 men, would be sufficient to produce the same

quantity of work, in 18 hours!!!

Footnote 545:

It is supposed that the lime-trees in St. James’s Park owe their

existence to the suggestion of Evelyn.

Footnote 546:

There are certain districts so devoted to manufactories that, in the

general assemblage, it would be extremely difficult to identify the

noisome effects of any particular one. A curious illustration of this

fact lately occurred in two indictments; the one preferred against

Apple, the proprietor of a prussian blue manufactory; the other

against Moore, black-ash manufacturer; both of whose works were

situated in Seward-street, Goswell-street. The counsel for the

defendant, in his cross-examination of the witnesses for the former

prosecution, artfully drew from them an account of the noisome vapours

of the black-ash maker; while in the latter trial, the same barrister

made the witnesses declare the extreme stench of the prussian blue

manufactory; so that in both cases the defendants obtained a

verdict—because in neither case could the evidence for the crown

unequivocally prove from which of the manufactories the nuisance

complained of arose.

Footnote 547:

But query, whether the ancient existence of an inconsiderable brewery,

which from the small quantity of fuel consumed, was not a nuisance,

should have warranted the augmentation of those immense factories

which now obscure and suffocate some of the most populous districts in

London.

Footnote 548:

It is impossible to question the justice and policy of this maxim as a

general principle of legislation; “Salus Populi Suprema Lex,”—but

there are circumstances which ought to exempt certain establishments

from the operation of the common law of nuisances; we allude to those

grand national works for smelting ores, which could not be closed

without fatally affecting our national prosperity, and compromising

the fate of the Arts themselves. No consideration, however, ought to

admit them within the range of a great city, or a populous district;

but where they have acquired a kind of right to toleration by time and

necessity, in a remote place, they ought to continue in the enjoyment

of their advantages without disturbance; but in return for such an

immunity, the public has a right to expect every exertion on the part

of the proprietors, in order to obviate, as far as in them lies, the

diffusion of the fumes, throughout the neighbourhood, by improving the

construction of the furnaces, and by the adoption of such chemical and

mechanical expedients as may be capable of diminishing the evil. We

are led to these observations in consequence of learning with regret

that attempts have been frequently made to compel the proprietors of

the Hafod copper works, before alluded to, to abandon them; and while

the present sheet was in the press, we learnt that the Grand Jury had

found a true bill against one of these establishments. We shall in

consequence offer a few remarks, with a view of shewing the necessity

that exists of introducing a protecting clause into the law of

nuisances, in favour of certain established mining and smelting

districts; and we must here observe, that the inhabitants which

congregate in the vicinity of great manufactories of this description,

are always, in the first instance, allured to the spot, by the

prospect of gain; and it was not to be expected that persons who have

been thus aggrandised, should, as soon as their riches confer

independence and fastidiousness upon them, turn round and revile as

insufferable and dangerous, that very power to which alone they owe

any personal consequence to which they may now be entitled. But the

strongest arguments will be found in the great importance of these

works in a national and commercial point of view; and on this account

we shall present the reader with some statistical arguments of

considerable weight, viz: The quantity of coals consumed in the copper

works in South Wales, and exported in the vessels which convey the ore

from Cornwall to them, is calculated at 200,000 chaldrons annually;

and the amount paid for it to the collieries at from £100,000 to

£110,000. The number of persons employed in raising and delivering it

is not less than 1,500. The number of persons employed in the smelting

works is about 1,500, and the yearly amount of wages paid to them is

not less than £50,000. The value of the materials consumed annually in

these works may be taken at £20,000. The amount paid for the freight

of ore and materials may be stated at £25,000. The number of vessels

employed in the conveyance of the same may be about 150, and supposing

them to be manned by five seamen on the average, they give occupation

to 750 mariners. Thus a sum of not less than two hundred thousand

pounds sterling is annually circulated in Glamorganshire and the

adjoining county, and employment given to 3750 individuals.

If the families and dependants of these persons are taken into the

amount, a population of 12,000 souls at least derive their support

from the smelting establishments. The consequences which would result

from depriving so great a number of persons of the means of

subsistence may be more easily conceived than described. These

estimates refer only to the mere direct expenditure of the smelting

works and their immediate dependants—the consequences of the stoppage

of these works to the immense number of persons employed in the mines

in Cornwall—between 50 and 60,000 souls—would be completely ruinous.

These considerations it might be supposed are sufficiently apalling to

deter those who are engaged in the present measures carrying on

against one of the principal smelting companies by prosecution: an

object which is likely to be productive of consequences so destructive

of the welfare of thousands, in the annihilation of a trade of the

utmost general importance to the country, whether as relating to its

internal or external affairs, to its manufactories, its colonies, or

its ships: a trade in which upwards of two millions of pounds sterling

are embarked. That it ever should enter into the mind of any human

being to prosecute measures which could by any possibility lead to

consequences so disastrous, is almost inconceivable, and the only

excuse that can possibly be offered for them (if excuse it can be

called) is, that they are so entirely occupied by the consideration of

their personal convenience and fancied interest, as to be incapable of

forming a just conception of the momentous business they have

undertaken.

Footnote 549:

Si homme fait _Candells_ deins un vill, per que il cause un noysom

sent al inhabitants, uncore ceo nest ascun nusans, car le

_needfulness_ de eux dispensera ove le noisomness del _smell_. 2

_Rolle Abr._ 139.

Footnote 550:

A fine for every beast slaughtered within the walls of Exeter was held

good under a bye-law. _Cowp. R._ 269.

Footnote 551:

By this act, 57 _Geo._ 3, _c._ 22, §. 64, it is enacted that if any

person shall throw, or suffer to be thrown or remain, any ashes, dust,

dirt, rubbish, offal, dung, soil, blood, or other filth, or shall

kill, slaughter, scald, dress, or cut up any beast, &c. in or near any

street, (within the act) as that any blood or filth shall run or flow

over the pavements, such person, on conviction before any justice of

the peace, shall forfeit and pay not less than forty shillings, or

more than five pounds for each offence.

Footnote 552:

We are very sorry to instance the state of Covent Garden Market as an

exception to the rule of neatness and cleanliness, for which the

English have been celebrated; the quantity of putrescent vegetables

allowed to accumulate there is as disgraceful to the persons who have

the control of the market as it is disgusting to those who have

occasion to resort to, or even pass by it. _Dr. Rogers_ relates that a

very malignant fever having appeared at Wadham college in Oxford, and

carried off a considerable number of people, and that the physicians

ascribed it to the putrefaction of a considerable heap of cabbages,

which had been thrown from the neighbouring gardens, on a spot of

ground contiguous to the college.

Footnote 553:

Dr. Garthshore has observed that women, during the period of

utero-gestation, on account of the increased irritability of the

system at that period, are frequently affected by odours, that at any

other time would not have produced the slightest impression; and this

experienced practitioner was of opinion that the dangerous convulsions

which sometimes seize the patient towards the end of a tedious and

difficult labour, may arise from the long continued inspiration of the

air of a close and unventilated chamber crowded with attendants and

friends.

This observation suggests to us another circumstance which, though it

has never, we believe, been legally treated as a nuisance, well

deserves to be so considered; we allude to the public exposure of

disgusting objects for the purpose of exciting charity. The vagrant

laws are evidently ineffective for the purpose of removing them, nor

has the Society for the Suppression of Mendicity been much more

successful; those who have observed the pertinacity with which some

sturdy vagrants persecute pregnant females, obtruding on their view

some ulcerous sore, stump, or deformity, will agree in the necessity

of some more vigorous measures than have been yet employed for the

abatement of this species of nuisance.

Footnote 554:

The Author well remembers being sent for on a professional visit to

the great copper works at Hayle, in Cornwall, and being told by a man,

who had been a smelter for more than half a century, that the

occupation was remarkably healthy, and that those who were engaged in

it escaped the ordinary maladies of the season and country; “The

smoke,” said he, “kills all disorders, especially Fevers.” This

anecdote is at least sufficient to shew the force of their prejudice.

Footnote 555:

The increase of the metropolis may be deemed a medical, though it

cannot be restrained as a legal nuisance; this has been long felt but

is still without remedy. In 1580 Queen _Elizabeth_, by proclamation,

prohibited new buildings within three miles of the city of London, and

commanded the Lord Mayor and officers to regulate the number of

inmates in each house, which had become excessive. 2 _Stowe’s_ London,

436. About this time it was made matter of complaint that “Moorfields,

which formerly the citizens used for their health and pleasure to walk

in and take the air, began now to be enclosed, to the hinderance of

these healthful and useful walkings.” The limits of a Sabbath-days

journey will not afford the modern citizen a breathing place; what

effect this privation may have on the moral as well as physical state

of the poorer inhabitants of this overgrown capital we will not

attempt to discuss, and as the existing evil is without remedy, we

will content ourselves with a hope that some means may be found to

prevent its increase. An act of parliament limits the distance from

the new road within which no buildings may be erected; an extension of

this principle to all other roads five miles round London (_exceptis

excipiendis_) and the imposition of double taxes on all houses to be

erected after a certain date, within a limited circuit, (with a

decreasing ratio as the radius increases) might possibly obviate the

evil without very materially interfering with the value of property.

The capital is metaphorically called the heart of the empire; we wish

to provide it with sufficient lungs that it may circulate more florid

and healthy blood to the extremities.

Since this note was written we have seen, in a collection of the

statutes passed in the time of the commonwealth, an act for the

preventing of the multiplicity of buildings in and about the suburbs

of London and within ten miles thereof, _An. Dom._ 1656, the preamble

of which says, “Whereas the great and excessive number of houses,

edifices, outhouses, and cottages, erected and new built in and about

the suburbs of the city of _London_ and the part thereunto adjoining,

is found to be very mischievous and inconvenient, and a great

annoyance and nuisance to the commonwealth; and whereas,

notwithstanding divers prohibitions heretofore had and made to the

contrary, yet the said growing evil is of late so much multiplied and

increased that there is a necessity of taking some further and speedy

course for the redress thereof;” certain fines and penalties are

therefore directed to be levied on all new houses which have not _four

acres_ of land continually used with them, and commissioners are

appointed to carry the act into execution. The exceptions in this

statute may serve to elucidate the subject, Clare market, Lincoln’s

Inn Fields, Covent Garden, Shoe lane, and other places now in the

centre of the town are exempted from the penalties, on account of the

charges or covenants to which the owners had been or might be liable.

Footnote 556:

The Severn lately having overflown its banks into a lime-pit, a very

considerable number of salmon and other fish were killed by it.

Footnote 557:

Old Book of Entries, fol. 406, edit. 1595, action upon the case

brought for annoying a piscary with a gutter that came from a

dye-house. _Hutt._ 136.

Footnote 558:

The smelts and flounders have been thus destroyed in the immediate

vicinity of London.

Footnote 559:

By stat. 12, _Gec._ 3, _c._ 61, not more than 50lbs. may be kept in

any one place within London and Westminster, or three miles circuit,

nor within one mile of any city, borough, or market town, or within

two miles of any of the King’s palaces or magazines, or one half mile

of any parish church.

Footnote 560:

Principles of Military Surgery, by _J. Hennen, M. D._ edit. 2d,

Edinburgh, 1820. See also Transactions of the College of Physicians in

Dublin, vol. ii, p. 337.

Footnote 561:

Med. Leg. 1, 360.

Footnote 562:

Op. citat. p. 458.

Footnote 563:

See _Parry’s_ Elements of Physiology.

Footnote 564:

See the evidence before a Committee of the House of Commons, on the

subject of Mendicity.

Footnote 565:

_Male’s_ Elements of Juridical Medicine, edit. 2, p. 237.

Footnote 566:

Principles of Forensic Medicine, p. 470.

Footnote 567:

See a paper in the 3d vol. of the Medical Trans. of the Coll. of Phy.

p. 112, by _Sir George Baker_, entitled “_An account of a singular

disease, which prevailed among some poor children maintained by the

parish of St. James, in Westminster. A. D. 1784._”

Footnote 568:

_Haygarth_ on the Imagination.

Footnote 569:

The influence of sympathy in propagating a spasmodic paroxysm was

illustrated, in a very extraordinary manner, some years ago in the

county of Cornwall, when the methodists assembled in great numbers in

their meeting-houses, and continued for many hours, and even days, in

the agony of supplication, waiting for an assurance of divine mercy;

during which period many persons who attended as visitors became

convulsed. The author was at that time resident in the county, and

lost no opportunity of investigating a phenomenon so anomalous and

extraordinary. The visitation was called the REVIVAL, and the meetings

appear to have been very similar to the “CAMP MEETINGS” in America. It

was the author’s intention to have selected from the notes which he

had taken upon the occasion, some account of this REVIVAL, but he has

declined the task from the same feeling that induced the painter to

throw a veil over the face of Agamemnon, because he despaired of

giving it the expression which it required.

Footnote 570:

That CUMMIN possesses this property is a very ancient opinion; thus

_Pers. Sat._ v.

“Rugosum Piper, et _pallentis_ grana Cumini.”

_Dioscorides_ maintained that it had made those persons pale who drank

it, or washed themselves with it; and _Pliny_ says that it was

reported, that the disciples of Porcius Latro, a famous master of the

art of speaking, used it to imitate that paleness which he had

contracted by his studies; thus too _Horace_

“——Proh! si

Pallerem casu, biberent exsangue Cuminum,”

_Epist._ 19, _Lib._ 1, _c._ 12.

Footnote 571:

Lectures on the Structure and Physiology of the Urinary and Genital

Organs, p. 184.

Footnote 572:

The details and progress of the imposture may be seen in successive

volumes of the Medical and Physical Journal, viz. vol. xx, p. 402,

527; xxi, p. 60; xxiv, p. 309; xxix, p. 109, 409, 469; xxx, p. 21 103,

187.

Footnote 573:

She also swore that during the whole period she had no evacuations

except by urine.

Footnote 574:

JUSSIEU has given an account of a Portuguese girl, of fifteen years of

age, who had been born without a tongue, and he refers to a similar

case recorded eight years before by a surgeon of Saumur, where the

subject was a boy, who had lost his tongue by gangrene, and yet to a

certain degree, was able to perform the functions of it. A case of a

similar nature, together with a reference to several other instances,

stands recorded in the annals of our own country, and may be found in

the Philosophical Transactions.

Footnote 575:

OP. CITAT. See also a paper by Dr. VETCH, in the _Edinburgh Med. &

Surg. Journ._ Vol. iv. p. 157.

Footnote 576:

“A Treatise on Adulterations of Food, and Culinary Poisons, by

_Frederick Accum_.” A work which is perhaps better known by the title

of DEATH IN THE POT.

Footnote 577:

In this country, bread is chiefly divided into _white_, _wheaten_, and

_household_, differing only in degree of purity; in the first, all the

bran is separated; in the second, only the coarser; in the third, none

at all; so that _fine bread_ is made only of flour; _wheaten bread_ of

flour with a mixture of the finer bran; and _household_, of the whole

substance of the grain, without taking out either the coarse bran, or

fine flour. _Stat._ 8 _Ann, c._ 18. In the statute of assize of bread

and ale, to be hereafter noticed, (51 _Hen._ 3,) mention is made of

_wastel-bread_, _cocket-bread_, and _bread of treet_; which answer to

the three sorts of bread above mentioned, viz. _white_, _wheaten_, and

_household-bread_.

The bread of the London bakers maybe certainly considered as forming a

very distinct species, although by no means a definite one; there are

no less than six different kinds of flour brought into the London

market, which are designated by the following terms, viz. 1, _fine

flour_; 2, _seconds_; 3, _middlings_; 4, _fine middlings_; 5, _coarse

middlings_; 6, _twenty-penny flour_; besides which the London

bread-flour is not unfrequently deteriorated by having beans and peas

ground up with it: now it is a fact generally admitted that the very

best wheaten flour can alone produce beautifully white bread, unless

some bleaching substance be employed, in which case however inferior

flour may be made into bread equally specious to the eye; for such a

purpose _alum_ is universally employed by the London bakers, and it

has become a medical question whether the health of the community is

likely to be affected by the practice. We should say that, generally,

so small a proportion as ten or fifteen grains of alum in a quartern

loaf could hardly produce any mischief, although we are inclined to

think that certain constitutions may be sensible to its influence, and

that infants may occasionally suffer from it; these effects are of

course more likely to occur to persons who only visit London

occasionally, although upon this subject some important fallacies may

exist; and it is by no means satisfactorily established that the

costiveness, which is sometimes experienced by country residents on

their first coming to London, arises from the alum present in the

bread; for admitting even that it depends upon the bread, it may be

connected with the change in the relative coarseness of the flour

alone, for we have shewn in another work (PHARMACOLOGIA, edit. 5, page

160) that bran renders wheaten flour laxative from its mechanical

action upon the inner coats of the intestines. But a much more

iniquitous practice than that of adding alum to bread has been

detected: bakers have been convicted of using _gypsum_, _pipe-clay_,

and _chalk_, and not long since a very extensive fraud was carried on

in Cornwall, where a very considerable portion of the _Porcelain clay_

(decomposed felspar) from Saint Annes, was introduced into the bread;

and the author of this note was lately informed by Mr. Hume, of Long

Acre, that on examining some biscuits prepared for the use of the

navy, he found as much as eight per cent of _gypsum_. _Dr. Reines_

observes that this adulteration is very common in Germany, where the

same mills are employed to grind corn for the inhabitants, and gypsum

for the purpose of a mineral manure to the lands. It may be necessary

to remark, before quitting the subject of the adulteration of bread,

that we possess no summary and unexceptionable chemical test for the

detection of _alum_, since common salt, which necessarily enters into

the composition of the loaf, often contains saline impurities which

may occasion precipitates like those we might attribute to _alum_.

Footnote 578:

This act of the 51st _Hen._ 3, stat. 6, (entitled a Statute of the

Pillory and Tumbril) is worthy of notice, as it is we believe the

first in which the adulteration of human food is specially noticed and

prohibited. It is thereby enacted that six lawful men shall collect

the measures and weights of the town, as well of taverns as other

places, and one loaf of every sort of bread. Afterwards twelve lawful

men shall swear to make true answer of the price of wheat, first,

second, and third, of barley, and oats; and of the price of bread, and

for what default a baker ought to be amerced or to be judged unto the

pillory; also if any steward or bailiff for any bribe doth release

punishment of the pillory and tumbril. Also if they have in the town a

pillory of convenient strength; next of the price of wine, and if any

corrupted wine be in the town, or such as is not wholesome for man’s

body; also of the assize of ale, and what brewers have sold contrary

to the assize, and ought to be judged to the tumbril; also if there be

any that sell by one measure, and buy by another. Also if any butcher

do sell contagious flesh, or that died of the murrain. Also of cooks

that seethe flesh or fish with bread or water, or any otherwise that

is not wholesome for man’s body, or after that they have kept it so

long that it loseth its natural wholesomeness, and then seethe it

again and sell it. Also of forestallers and regrators. The statute

concludes by enacting that when a quarter of barley is sold for two

shillings, four quarts of ale shall be sold for a penny; when for two

and sixpence, the seven quarts for twopence; when for three shillings,

three quarts for a penny; when for three shillings and sixpence, five

quarts for twopence; when for four shillings, two quarts for one

penny, and so onward the prices shall increase and decrease after the

rate of sixpence.

Footnote 579:

For subsequent statutes see Jac. L. Dict., and Burn’s Justice by

Chetwynd: tit. bread.

Footnote 580:

The following are the more usual additions made by the publican;

_beer-heading_, which is intended to impart the “_cauliflower head_,”

and consists of sulphate of iron, common salt, and alum, for which

several convictions have taken place, (_Minutes of the Committee,

above cited_); it is necessary to observe that the addition of this

“_heading_” is made with a view to restore the property of frothing to

the porter, which has been destroyed by dilution with table beer. The

extract of the berries of the _Coculus Indicus_, possessing properties

eminently narcotic, is added for a purpose too obvious to require

explanation, and is regularly sold by the brewer’s druggists under the

technical appellation of “BLACK EXTRACT.” There is also another

preparation, for a similar object, sold under the name of “BITTERN,”

and which is a compound of _black extract_, _extract of quassia_,

_Spanish liquorice_, and calcined _sulphate of iron_. “MULTUM,” used

as a substitute for malt and hops, consists of _Extract of Quassia_,

and _Liquorice_. We must close this note by expressing our regret at

the little assistance to be derived from chemistry in the detection of

such frauds; mineral substances, as _sulphate of iron_, or any of the

mineral _acids_, can certainly be recognised in our laboratories; but

when we attempt to identify vegetable principles, the resources of

analysis completely fail.

Footnote 581:

_Hydrometer_ employed by the excise, act 58, _G._ 3, _c._ 28 and 56

_G._ 3, 140. _Acetometer_ 58 _G._ 3, _c._ 65, _s._ 8.

Footnote 582:

We cannot follow the foreign writers who speculate on the possibility

of determining age from physiological criteria. Unfortunately the

ordinary mode of proof from parish registers is often defective, as

the act only requires the date of the baptism, and not of the birth;

many clergymen refuse to insert the latter under the plea that birth

and baptism should be nearly cotemporaneous. Every day’s experience

shows the contrary; and as many nice points may arise as to the very

day on which a person (for instance) attains the age of twenty-one, we

hope this practice will be amended.

Footnote 583:

But to avoid these questions, it is the practice of the insurance

offices specially to name gout and some other disorders in their

enquiries of the usual medical attendant of the party insuring.

Footnote 584:

For the doctrine of day of date exclusive or inclusive, see _Lord

Mansfield_, in _Pugh_ v. _Duke of Leeds. Cowp. Rep._ 714.

Footnote 585:

There is another case in which it is important to ascertain whether a

person was in imminent danger, for if a contract for the purchase of a

presentation be entered into while the incumbent is known by the

parties to be in great danger, it is simoniacal. In _Fox_ v. _Bishop

of Chester, Spring Assizes_, 1821, after a long consultation the

following issues were agreed to be put to the jury.

1st. Whether Mr. T. and Mr. F. or either of them knew, that Mr. B.

(the incumbent) was in great danger at the time of the execution of

the deed?—Verdict. That they both knew of it.

2d. Whether Mr. B. was afflicted with a mortal disease and in great

danger?—Verdict. Yes.

3d. Whether Mr. T. and Mr. F. or either of them believed that Mr. B.’s

life was despaired of at the time of the execution of the

deed?—Verdict. That his life was despaired of by both of them.

4th. Whether the life of Mr. B. was actually despaired of at the time

of the execution of the deed.—Verdict. That it was.

Footnote 586:

In a work lately published in Paris, entitled “_Rapports et

Consultations de Medicine legale, recueilles et publiées par_ J.

RISTELHEUBER, D. M. _Médecin en chef à l’hospital Civil de

Strasbourg_”, 8 _vo. p. p._ 172, the subject of insurance on lives and

annuities, is amply considered; and the following case is fully

detailed, which excited so much interest, some years ago, at

Strasburgh. M. FRIERD sold, on the 11th of March, 1809, a large sum in

the funds for the purchase of an annuity on his own life. He was at

the time of the bargain, and had been for ten years, afflicted with

Hemiplegia, in consequence of an apoplectic seizure; and he died on

the second day after the signing of the document. The question

therefore is, whether M. Frierd, on the day on which he signed the

papers, was, or was not, already under the influence of the disease to

which he fell a victim thirty hours afterwards. The question was

debated with much talent and ingenuity on both sides; and the volume

before us contains the various reports, opinions, and arguments,

written on the occasion.

Footnote 587:

See _Price_ on Annuities, and _Bailey’s_ Doctrine of Life Annuities

and Assurances.

Footnote 588:

Residence in great cities is almost universally believed to be

prejudicial to the duration of human life: and that it may generally

be so in some slight degree we are not disposed to deny. The Life

Insurance Offices however, offer a practical proof that the difference

between residence in London and the country, is not so great as is

generally supposed; since these bodies, whose interest and experience

constitute them the best judges of the subject, do not make any

difference in the premiums required, from this change of circumstance.

Footnote 589:

See _Park_ on Dower.

Footnote 590:

This was afterwards brought into B. R. by writ of error, as to the

mode of returning the jury. _Cro. Eliz._

Footnote 591:

This case is variously reported, in _Cro. Eliz._ 502 the son is stated

to have survived; in _Noy._ 64, that the father moved his feet after

the death of the son.

Footnote 592:

See _Mason and Mason_, 1 _Meriv._ 308, and articles of the _Code

Napoleon_ there cited. In this case it was referred to the master to

enquire what children the testator (who with one of his sons had been

lost at sea) had at the time of his death; the master reported that he

was unable to state whether Francis, the son, survived his father or

not. Sir W. Grant, M. R. directed an issue at the request of the

plaintiff. See also _Taylor v. Deplock_, 2 _Phill._ 281.

Footnote 593:

Cum bello pater cum filio perisset, materque filii quasi postea mortui

bona vindicaret, agnati vero patris, quasi filius ante perisset, Divus

Hadrianus credidit patrem prius mortuum. _Dig. Lib._ 34, _T._ 5, 5, 9,

_S._ 1, _de rebus dubiis_.

Footnote 594:

Cum pubere filio mater naufragio periit: cum explorari non possit,

uter prior extinctus sit, humanius est credere filius diutius vixisse,

_l. c. lex_ 22.

Footnote 595:

_Contra Fearne, l. c. p._ 388.

Footnote 596:

The law of England recognises the same distinction between natural and

civil death, upon which the above case turns, as in cases of felons

after judgment of death; the question, however, can seldom, if ever,

arise, since the term _natural_ life is almost universally introduced

into assurances of property.

Footnote 597:

Recueil Periodique de la Société de Medecine de Paris.

Footnote 598:

La Medecine Legale relative a l’art des Accouchemens. A. Paris, 1821,

p. 135.

Footnote 599:

Medecine Legale.

Footnote 600:

Journal de la Société de Medecine de Paris, tom. viii.

Footnote 601:

Smith’s Principles of Forensic Medicine, p. 881.

Footnote 602:

The crime of arson, at common law, is the malicious and voluntary

burning of the house of another, by night or by day, whether in part

or entirely. 3 _Inst._ 66. This felony was without benefit of clergy;

but see _Poulter’s_ case, 11 _Rep._ 29, 2 _Hawk. P. C._ 503, 1 _Hale,

P. C._ 570. All doubts on this point are now taken away by _Stat._ 9,

_Geo._ 1, c. 22. _Britton_ saith, “Soit inquise de ceux que

feloniousment en temps de pace aient auters blees, au autres measons

arses, et ceux que serr de ceo attaint, soient arses, issint que its

soient punies per mesme le choz dont ilz pecherent.” But this mode of

punishment has been long changed, 1 _Hale, P. C._ 566; outhouses and

barns, parcel of the dwelling house and barns having corn in them were

included under the word house, for it was not necessary as in burglary

to say in the indictment _domum mansionale_ (1 _Hale, P. C._ 567,

_Barham’s case_, 4 _Co. Rep._ 20;) to take away clergy, these

distinctions are ended by 9 _Geo._ 1. See stats. 21 _H._ 8, _c._ 1; 23

_H._ 8, _c._ 1; 37 _H._ 8, _c._ 26; 1 _Ed._ 6, _c._ 12; 4 and 5 _P.

and M. c._ 4; 43 _Eliz. c._ 13; 22 and 23 _Car._ 2, _c._ 7; 9 _Geo._

1, _c._ 22, made perpetual by 31 _G._ 2, _c._ 42; 28 _G._ 2, _c._ 19;

1 _G._ 1, _c._ 48; 10 _G._ 2, _c._ 32; 9 _G._ 3, _c._ 29; see also

_Jac. L. dict._ tit. Burning, and _Hawk, P. C._ by _Leach_.

Footnote 603:

_Mr. Leslie_ has availed himself of this property in oatmeal, and has

applied the substance in the place of Sulphuric acid, in his ingenious

and beautiful experiment of freezing in the exhausted receiver of the

air pump.

Footnote 604:

Annals of Philosophy, vol. xvi, p. 390.

Footnote 605:

Memoires de l’Academie de Paris, 1743.

Footnote 606:

A _pood_ consists of 46 pounds Russian, or 36 English.

Footnote 607:

We also refer the reader to the article “_Combustions Humains

Spontanées_” in the _Dictionnaire des Sciences Medicales_; also to the

_Philosophical Transactions_ for 1745; and _Phil. Trans. Abr. v._ 10,

_p._ 1073.

Footnote 608:

This was the case of the priest _Bertholi_, described in one of the

Journals of Florence for October 1776, by _M. Battaglia_, the surgeon,

who attended him; we extract a short account of this extraordinary

event from _Foderé_ (tom. 8, p. 210) who to his own observations on

the subject adds those of _Fouquet_, _Marc_, _Koop_, and others. _Don

Gio Maria Bertholi_ having spent the day in travelling about the

country, arrived in the evening at the house of his brother-in-law; he

immediately requested to be shewn to his destined apartment, where he

had a handkerchief placed between his shirt and shoulders, and being

left alone, betook himself to his devotions. A few minutes had

scarcely elapsed when an extraordinary noise was heard from the

apartment, and the cries of the unfortunate priest were particularly

distinguished; the people of the house hastily entering the room,

found him extended on the floor, and surrounded by a light flame which

receded (_â measure_) as they approached, and finally vanished. On the

following morning, the patient was examined by _M. Battaglia_ who

found the integuments of the right arm almost entirely detached and

pendant from the flesh; from the shoulders to the thighs the

integuments were equally injured; and on the right hand, the part most

injured, mortification had already commenced, which notwithstanding

immediate sacrification rapidly extended itself. The patient

complained of burning thirst, and was horribly convulsed, he passed by

stool putrid and bilious matter, and was exhausted by continual

vomiting accompanied by fever and delirium. On the fourth day, after

two hours of comatose insensibility, he expired; during the whole

period of his suffering, it was impossible to trace any symptomatic

affection. A short time previous to his decease, _M. Battaglia_

observed, with astonishment, that putrefaction had made so much

progress that the body already exhaled an insufferable odour, worms

crawled from it on the bed, and the nails had become detached from the

left hand.

The account given by the unhappy patient was, that he felt a stroke

like the blow of a cudgel on the right hand, and at the same time he

saw a lambent flame (_bluette de feu_) attach itself to his shirt,

which was immediately reduced to ashes, his wristbands (_poignets_) at

the same time being utterly untouched. The handkerchief, which as

before mentioned, was placed between his shoulders and his shirt, was

entire, and free from any trace of burning; his breeches were equally

uninjured; but though not a hair of his head was burnt, his coif

(_calotte_) was totally consumed. The weather on the night of the

accident was calm, the air very pure; no empyreumatic or bituminous

odour was perceived in the room, which was also free from smoke; there

was no vestige of fire, except that the lamp, which had been full of

oil, was found dry, and the wick reduced to cinder.

_Maffei_ (says _M. Battaglia_) would have found in the case of the

Priest _Bertholi_ a confirmation of the opinion delivered by him

(_Journ. de med. tome_ 68, p. 436) that lightning is sometimes excited

in us, and destroys us.

See the works of the _Abbè Fontana_, entitled _Ricerche filos, sopra

la ficic. animale_.

_M. Foderè_ observes, that the inflamed hydrogen, occasionally

observed in church-yards, vanishes on the approach of the observer,

like the flame which consumed _P. Bertholi_; and as he, in common with

others, has remarked that this gas is developed in certain cases of

disease, even in the living body, he seems inclined to join _M. Marc_

in attributing this species of spontaneous combustion to the united

action of hydrogen and electricity in the first instance, favored by

the accumulation of animal oil and the impregnation of spirituous

liquors.

Footnote 609:

See case of _Marie-anne Jauffret_, A. D. 1779, (_Foderé_, vol. iii, p.

200) where also see other cases in illustration of this curious

subject. _Foderè_ alludes to some cases where in consequence of

combustion, possibly spontaneous, persons have been accused and

condemned for murder. _Tom._ 3, _p._ 204. See also _Maclaurin’s Crim.

Ca. p._ 177 _n._ and 754.

Footnote 610:

The law of England justifies a woman killing one who attempts to

ravish her. _Bac. Elem. p._ 34. 1 _Hawk. P.C. c._ 38. _s._ 21. and so

too the husband or father (query also a brother or guardian, _in loco

parentis_) may justify killing a man who attempts a rape upon his wife

or daughter; but not if he takes them in adultery by consent, for the

one is forcible and felonious, but not the other. 1 _Hales P.C._ 485.

(yet this homicide may be excusable though not justifiable. See 1

_Hawk. P. C. c._ 28. _s._ 3.) And there seems no doubt but the

forcibly attempting a crime of a still more detestable nature, may be

equally resisted by the death of the unnatural aggressor. For the one

uniform principle that runs through our own, and all other laws, seems

to be this; that where a crime, in itself capital, is endeavoured to

be committed by force, it is lawful to repel that force by the death

of the party attempting. _Bl. Comm. c._ 14.

Footnote 611:

This statute was passed in consequence of a Wager of Battle offered by

_Abraham Thornton_, appealed for the murder of _Mary Ashford_. The

decision of causes by combat was always absurd, and it was certainly

full time that it should be abolished; but it is not equally evident

that the appeal ought to have been taken away altogether, especially

in cases of murder. The preamble of the Act states the proceeding to

“have been found to be oppressive;” certainly it was also rare; in

above one hundred years there had been only one execution on appeal,

and when the case of the _Kennedies_ (see _Bigby v. Kennedy_, 5 _Bur._

2648) is considered, it may fairly be doubted whether some

constitutional check ought not to have been retained against the

misdirection of the Royal prerogative. See also the case of _M‘Quirk_

for the murder of Mr. _Clarke_.

Footnote 612:

The injuries thus occasioned, consist in rupture of the hymen,

swelling, contusion, inflammation, or laceration of the parts,

discharge of blood; and in persons of extreme youth, the laceration of

the perineum is said to have sometimes occurred; and as Rape cannot be

completed without considerable violence, we should also expect to find

marks of force in other parts of the body, such as bruises about the

arms and thighs; but in appreciating the value of such indications,

let the practitioner remember, that the greater part of them may occur

where the connexion has taken place with the consent of the female, or

they may even be the effect of disease. Dr. _Percival_ relates a case

where the inflammation of the pudenda, and symptoms of defloration

occurred in a child four years old, which occasioned her death; there

were strong reasons for suspecting that she had been injured by a boy

of fourteen years of age, and he was accordingly taken into custody;

but the case received elucidation from several others of a similar

nature having been shortly afterwards received into the same hospital,

and of whose nature no doubt could be entertained. When Rape has been

committed, gonorrhœa, or lues venera are sometimes communicated,

especially in cases of young children, in consequence of a very

general opinion among the lower libertines of the male sex, that the

best possible cure for this disease, is intercourse with a virgin; if

then the accused should be found free from disease, where the female

is contaminated, and vice versa, it affords a strong presumption of

his innocence; in conducting, however, such an investigation, there

are several sources of fallacy, with which it is the duty of the

medical enquirer to be fully acquainted; he should know, that purulent

discharges, from other causes, do take place in children; and on the

other hand that a person, in whom no appearance of existing venereal

infection can be discovered, may communicate disease to others; this

fact was ascertained by Mr. _John Hunter_, and its truth has been

satisfactorily confirmed by the repeated observations of succeding

surgeons. Women labouring under leucorrhœa may impart a discharge to

the male; and Dr. _Male_ observes, that the latter, affected by a

gleety discharge in consequence of strictures, and other irritations

in the urethra, may also affect the females.

Footnote 613:

Enfin il faut adjouter la comparison de l’organe offensant avec

l’organe offensé; car, ainsi que dans les autres blessures, il n’est

pas indifférent ici de présenter l’instrument à la plaie dont on le

suppose coupable, 4 _Fod. p._ 359.

Footnote 614:

In this case it was stated that the law of France did not make any

distinction between debauching a child under twelve, or a woman at

maturity. However this may have been, the cases afterwards quoted shew

that the breach of trust was severely visited on two priests. Arrêt du

Parliament de Grenoble, qui condamna un prêtre d’être pendu, puis

brulé, pour avoir abusé du sacrament de confession, porté ses mains

sur le sein et autres parties de plus de cent femmes, pendant qu’il

confessoit.

Footnote 615:

In France this crime is visited with additional severity when

committed by a person in trust, or by a Clergyman; _Penal Code, art._

333. This principle of apportioning punishment is recognised in our

laws of Petit-treason, and robbery by servants: it might be well

extended to Rape.

Footnote 616:

See also the case of _John Church_, convicted of an abominable attack.

On the expiration of two years imprisonment to which he was sentenced,

he resumed his methodistic (we cannot call them clerical) functions,

and is now attended by large congregations, especially of old women!!!

Footnote 617:

See also 1 _East. P.C._ 441. and cases there.

Footnote 618:

Vide ante. _p._ 185.

Footnote 619:

Elle a infiniment plus de moyens pour se defendre que l’homme n’en a

pour attaquer, ne fût ce que le movement continuel: Une Reine éluda

autrefois l’accusation d’une plaignante: elle prit un fourreau d’épée,

et le remuant toujours, elle fit voir à la dame qu’il n’etait pas

possible de mettre l’épée dans le fourreau. 4 _Foderè_, 358.

Footnote 620:

Virginity in females has been very differently estimated by different

nations; in the first ages of the Christian church so highly was it

honoured and esteemed, that women were admitted to make solemn vows of

it in public; and yet among the Jews it was held infamous for a woman

to die a maid. In Peru and several other provinces in South America,

we are assured by _Pedro de Cieca_, in the history of the Incas, &c.

that men never marry, but on condition that the next relation or

friend of the maid shall undertake to take away her virginity; and our

countryman, _Lawson_, relates the like of some of the Indian nations

of Carolina—So little is the _Flos Virginis_ valued in some places!

_De virginitatis signis._ This has been a very favourite subject with

the speculative writers of both ancient and modern times, but none

appear to have come to any very satisfactory result upon the question;

nor is it even yet agreed in what the quality consists; some will have

it a moral, others a purely corporeal qualification. “Porro

virginitas, dicit Zacchias, si magis materialiter sumatur, nihil aliud

est quam naturalis constitutio et cohœrentia vasorum mulibrium, quæ

sic accepta potest facillime amitti; destructa enim vel manibus, vel

alio quocumque instrumento naturali constitutione et cohœrentia earum

partium, illico destructa dicitur et ipsa virginitas.” 2 _M. L. 1._ 4.

_tit._ 2. If the words _culpa muliebri, aut coitu virili_, had been

added, we might have acceded to the latter part of this definition;

the matter however is rather one of etymological curiosity, than of

medical jurisprudence, and therefore we shall proceed to quote from

the best authorities we have been able to discover on the subject, the

various signs by which this state may be ascertained; with this

reservation always of our own opinion, that though the presence of all

the enumerated circumstances may be taken as sufficient proof of

virginity, the absence of some or many of them, especially if

explained by physical causes, is no evidence to the contrary. “Le

fanciulle sane ed intatte hanno le parte esterne della generazione

dure, sode, lucide, e di un colore incarnato; l’imene intero; le labra

della vulva bene unite; le nimfe picciole e coperte; la clitoride col

preperzio corto; le rughe della vagina eminenti, apparente e fra loro

contigue; i seni mucosi profondi; l’orifizio dell’ uretra

angustissimo. Lasciando a parte i ridicoli segni tolti dai peli del

petigone più o meno crespi, dalla sibilosa escrizione delle orine;

dalla voce; dalla grosseza del collo; dal odorato, come vien detto di

un bravo Religioso di Praga che al solo odore sapea distinguere una

vergine donna da una deflorata; dal resultato degli sperimenti fatti

colla polveri di agata, di succino, di ambra, che legonsi appresso

molte Scrittori, che se divertono con bagatelle: noi divideremo i

sobraesposti segni di virginità in primarj ed in secondarj. Tra i

primi, creduti i meno fallaci si contano le rugosità della vagina

lumide e spesse; l’oscula della medesima angusto; l’imene presente; ed

il frenulo alto e molto teso.” Such are the signs laid down by

_Tortosa_, vol. 2. p. 4.; following _Nessi_, _Zacchias_, and

_Rœderer_; the writer then proceeds to examine each of these

circumstances with considerable minuteness.

Footnote 621:

Many of the judges denied that carnal knowledge was necessary to be

laid in the indictment; but only that the defendant ravished the

party. _Hill’s_ case. _Tr. Term_, 1781.

Footnote 622:

_M. Capuron_, in his _Medicine Legale relative a l’art des

Accouchemens_, published at _Paris_, 1821, enters with some minuteness

into the discussion of these signs; and comes to the conclusion, that

we shall endeavour to impress upon the reader, that no one of the

signs is in itself sufficient to establish the fact; nor is the

absence of all, conclusive against its existence; all that the most

experienced medical observer can do, is to shew a strong probability,

which united to moral evidence of the character and conduct of the

party, will amount to proof. Χρη παντα θεασασθαι τα σημεῖα, και μη

πιστευειν ενι.

Respect for the Jewish ritual, _Deut._ c. 22. has led a great part of

mankind into an error on this subject, and as it is one which has too

often destroyed matrimonial confidence, by exciting unjust suspicions,

we think it worthy of notice here, though not immediately necessary to

our subject. “L’hymen a été considéré comme le sceau de la virginité

physique. Mais pour admettre un pareil signe, il faudroit qu’il

existât naturellement chez toutes les vierges sans exception, et qu’il

ne se recontrât jamais chez celles qui auraient été deflorées; en un

mot, qu’il ne pût être détruit ou effacé que par la copulation.

D’abord la membrane dont nous parlons n’est pas universelle. A la

vérité, on ne peut contester qu’elle exist chez la plûpart, même chez

le plus grande nombre des vierges; celà est confirmé par le temoignage

de _Morgagni_, _de Haller_, _de Diermerbroeck_, _de Riolan_, _de

Bartholin_, _de Heister_ _et de Ruisch_.—_Dulaurans_, _Bohn_,

_Dionis_, _de la Mothe_, _Buffon_, _Palfin_, _Fallope_, _Vesale_,

_Colomb_, _Mahon_, etc. en ont formellement nié l’existance. [Nous

pouvons certifier nous-même ne l’avoir point trouvée chez plusieurs

petites filles, immediatement après leur naissance, tandis que nous

l’avons recontrée, sous la forme d’un anneau qui bordait l’orifice du

vagin, chez une femme célibataire de soixante-cinq ans. * * on le peut

rencontrer, non seulement chez les filles deflorées, mais encore chez

des femmes enceintes, et pres d’être meres!! Gavard rapporte l’example

d’une fille de treize ans qui avait gagné la maladie vénérienne dans

un lieu public, et qui neanmoins conservait encore cette marque de

virginité. Severin Pineau assure aussi que deux jeunes personnes

reçurent, dans le temps des règles, les embrassemens d’un homme sans

éprouver la moindre dechirure de l’hymen. On conçoit en effet avec

_Teichmeier_ et _Brendel_ que celà est très possible dans le temps de

la menstruation; car alors l’orifice du vagin devenant plus souple et

plus large qu’à l’ordinaire, peut admettre plus facilement le membre

de l’homme qui peut être aussi fort petit: ajoutons à cela que

l’hymen, surtout quand il est de forme semi-lunaire, humecté et

remolli par l’ecoulement du sang menstruel, peut offrir moins de

resistance, ceder et s’appliquer à la surface interne du vagin, et

permettre la copulation sans se rompre. _Mauriceau_ a cité plusieurs

femmes enceintes dont l’hymen etait dans son intégrité. _Ruisch_ parle

d’une femme dont la delivrance était empêchée, non-seulement par

l’hymen, mais encore par une autre membrane non naturelle. On trouve

des faits analogues dans _Meckel_ et _Walter_. _Beaudelocque_ rapporte

l’observation d’une femme primipare, dont l’hymen fut déchiré

brusquement par la tête de l’infant. Nous avons vu nous-même, la

resistance de l’hymen, ou nous n’aperçumes qu’une tres petite

ouverture qui avait sans doute permis la fecondation. Nous incisâmes

cette membrane avec le bistouri, et la patiente mit au monde très peu

de temps après, deux jumeaux vivans et de grandeur ordinaire.”

_Capuron. P._ 2. _quest._ 1.

Footnote 623:

In entering upon a disquisition on the tests of virginity, it is

hardly necessary to enumerate the many absurd marks related by the

more credulous, as indicative of recent defloration, such as, swelling

of the neck, rings around the eyes, the colour of the skin and urine,

&c. nor is it necessary to enter into a refutation of the story,

credited by _Mahon_, of a monk at Prague who could tell a maid by the

smell. We shall therefore proceed at once to consider the value of

that test which most commonly passes among us as the least equivocal

mark of virginity, viz. the presence of a peculiar membrane termed the

_Hymen_.

THE HYMEN (so named from the Greek word ὑμην, a membrane) is formed by

four angular duplicatures of the membrane of the vagina, the union of

which may be discovered by corresponding lines on the hymen. At the

upper part there is a semilunar vacancy, intended for the transmission

of the menses, so that it assumes the form of a crescent: a

circumstance which affords the true explanation of the origin and

meaning of the symbol so characteristically assigned to _Diana_. (See

_J. G. F. Tolbeng, de varietate hymenum. Hal._ 1791, 4to.) In some

rare cases, the hymen is an imperforate circular membrane, attached to

the edge of the orifice of the vagina in every part, so as to close

the canal completely, (we have already noticed this fact under the

subject of Impotence, p. 207). The girls, in whom this fault of

conformation existed, were called by the Greeks ἁτρηταὶ; physicians

who have written in Latin amongst us, have given them the name of

_Imperforatæ_, _clausæ_, or _velatæ_; and the Italians that of

_Coperchiate_. The Romans had no appropriate word to denote this

malformation, and they were therefore obliged to express it by some

circumlocution; it is thus that CICERO (_De Divinat: Lib._ II.) speaks

of a dream, where a woman was seen, “_quæ obsignatam habebat

nuturam_;” and that PLINY (_Hist. Nat. Lib._ VII. _c._ 16) relates,

_Cornelius_, the mother of the _Gracchi_, “_concreta genitali nata

fuerat_.” In many cases the membrane appears never to have been

formed; while in others, its extreme tenacity has occasioned its

rupture and destruction in early life; it may, moreover, have been

destroyed by disease, by noxious habits, or by acrimonious discharges.

This extreme uncertainty has led many authors, of no inconsiderable

eminence, to deny its existence, while others have acknowledged its

occasional presence, but have attributed its formation to disease.

GRAAF, PENIUS, BUFFON, DIONIS, declare that, by dissection of girls of

all ages, they have never been able to discover it; on the other hand,

the reality of this membrane has been maintained by BERENGER DE CORPI

(_In Isagoge Anatomica_), VESALIUS (_De Corp. hum. fabric._ v. _c._

15.) FALLOPIUS (_In Observat. Anatom._) VOLCHERUS COITERUS (_In Tabul.

Anatom._) VAROLIUS (_Anatom. Lib._ iv. _c._ 4). RIOLANUS (_Anthropog.

Lib._ 1, _c._ 16). BARTHOLIN (_Anat. Lib._ 1. _c._ 31). WEIRUS

(_Observat. Lib._ 1. _et de Lamiis Lib._ iii. _c_ 20). SPIGELIUS (_De

Hum. Corp. fabrica Lib._ viii. _c._ 18). DIEMERBROECK (_Anatom. Lib._

1. _c._ 16). SWAMMERDAM (_De Uteri Mulieb. fabrici_). TECHMEYER

(_Institut. Medicin. Legal et Forens. c._ iv.) and all the more

learned and able anatomists of the sixteenth and seventeenth

centuries. HEISTER (_Compend. Anatom._ and _Ephem. Nat. Curios. Cent._

viii. _Observ._ 69). FREDERIC RUYSCH (_Thes. Anatom._ iii. _No._ 15;

vi. _No._ vii. _No._ 60.) MORGAGNI (_Adversaria Anatom._ i. 29-iv.

23.) and WINSLOW (_Exposit. Anatom. No._ 653), all describe this

membrane, and assert that they have found it in every young girl they

have had occasion to examine. _Astruc_ (_On the diseases of Women,

vol._ 1. _p._ 123), in referring to the above learned authorities,

observes that, “the inference must necessarily be, that those who deny

ever to have seen it, must either have examined only such girls as had

lost their virginity; or, prepossessed with the false notion that the

_hymen_ must always close the entrance to the _vagina_ entirely, they

have mistaken it at the time it was before their eyes, and have even

sometimes given the description of it, without mentioning the name.”

After this literary history of the question, we may very safely

conclude, that the _Hymen_ is a perfectly natural structure, occurring

in the virgin, and that by sexual intercourse it is ruptured; after

which it is shrivelled into several small excrescences at the orifice

of the urethra, called the _Carunculæ Myrtiformes_. But since it is

liable to such variations in appearance, and to accidental rupture

from the slightest causes, its absence can never be received as

evidence of defloration; nor can its presence be considered as an

unequivocal proof of virginity; for it has been asserted by

indisputable authority, that it is not always ruptured _in Coitú_.

RUYSCH has said, that if the coitus take place immediately after the

menstrual excretion, this membrane is often not ruptured, (_Observ.

Anat. Chirurg._ xxii). And we have already alluded to cases, wherein

the Hymen was actually entire at the time of delivery. (See p. 203,

and note.)

Some authors have talked of the renewal of the hymen after its

rupture; this we apprehend can never happen, although a spurious

reparation of certain local consequences, incident to the loss of

virginity, may certainly occur from the effects of adhesive

inflammation.

Having thus disposed of the subject of Hymen, we next come to consider

the state of the Vagina, as an indication of Virginity, upon which

some authors have attached considerable weight, especially the Italian

medico-jurist TORTOSA. In a healthy virgin it ought certainly to be

rigid and narrow, since the only function which it has to perform is

that of giving transit to the menstrual flux: the parts may however

become dilated, and their natural rugæ be obliterated from various

innocent causes. Certain mal-practices will likewise occasion the same

relaxation as sexual intercourse. Some authors have considered a

rigidity of the _frenum labiorum_, at the inferior, or _posterior

commissure_ of the _pudenda_, as a proof, if not of virginity, of a

rare indulgence in sexual intercourse. The Mosaic test of Virginity,

the effusion of blood, however conclusive it might have been among the

Jews, certainly cannot be received as unexceptionable in these

Northern climates. The Jews, it would seem, placed so much reliance

upon appearances, that the nuptial sheets were constantly viewed by

the relations on both sides; and the maid’s parents preserved them as

a token of her virginity, to be produced in case her husband should

ever reproach her upon that subject. In case the token of virginity

was not found on them, she was to be stoned to death at her father’s

door. This evidence is still required by some of the tribes inhabiting

the banks of the Indus.—_Pottinger’s Travels, p._ 70. In some cases

the effusion of blood during the first act of coition, is very

considerable, and is liable to be confounded with the _Catamenia_; we

have however already observed (p. 187, note) that the menstrual

excretion does not, in its natural state coagulate; and yet this

assertion requires some qualification; for it is well known, that when

the discharge is superabundant and attended with great pain, it often

comes away in coagula, in which case there is probably an admixture of

common blood.

From what has been here related, we are bound to conclude, that there

does not exist any anatomical sign, by which the virginity of a female

can be unequivocally determined. By midwives and matrons however, the

subject has been treated with less diffidence; in the statutes of the

sworn matrons, or midwives of Paris, containing likewise divers

formulæ of reports, and depositions made in court, upon their being

called to visit girls that made their complaint of being deflowered,

they laid down fourteen marks on which to form a judgment. _Laur.

Joubart_, a celebrated physician of Montpellier, has transcribed three

of these reports—one made to the Provost of Paris, another in

Languedoc, and a third in Berne.

Footnote 624:

_Mahon_ mentions an instance in which he found a membrane at a

finger’s breadth within the vagina, _Med. Leg._ tom. 1. p. 118.

Footnote 625:

“Qualis imperfectus tamen coitus, quo mentula vaginæ uterique orificio

quodammodo tantum applicatur, hoc sub illius affrictione titillatur

ipsique semen virile adspergitur, juxta diversorum Autorum

observationes Medicas, ad impregnationem Mulieris alicujus interdum

sufficit. Valentini Novella Medico legales,” vol. 1. p. 33.

Footnote 626:

But _contra_ see _Hale P. C._ 628 & 8 _Inst._ 58.

Footnote 627:

The period and manner of mutilation have considerable influence on the

effects of the process. The complete removal of all the external

organs is a much more decisive method of annihilating the propensities

connected with them, than any partial amputation, or compression, or

ligature of the spermatic cords—“Si soli testiculi abscissi fuerint,

non auferuntur desideria; imo sunt valde magna, in quibus peccare

possunt ... sed possunt deflorare quamcunque mulierem, nullam tamen

impregnare. 1. _Valent. Pand. p._ 136, vide etiam a p. 62, usque ad

222. _De Conjugio Eunuchi._”

The operation is also more effectual when performed in early infancy,

than after the period of puberty; venereal desires have been known to

subsist in considerable force, and with the usual external signs, even

after the removal of the testes in the adult; thus JUVENAL, in

satirising the vices of the Roman women, says—

“Sunt quas Eunuchi imbelles, ac mollia semper

“Oscula delectant,”——

Footnote 628:

An important question here arises as to what shall be legally called

_Semen_, for the secretion emitted is composed of parts, the smaller

portion of which only possesses the generative faculty.

It appears from the experiments and observations of our most accurate

physiologists, that the fluid expelled in copulation is furnished in a

small proportion only by the Testes; that to this a peculiar secretion

of the Vesiculæ Seminales is added, and that the chief bulk is made up

of the Prostatic liquor, or secretion from the prostate gland; so that

the fact of emission in Eunuchs is not extraordinary, although the

discharged fluid cannot be said to be _Seminal_.

Footnote 629:

_Aut. more alieno retrahat._

Footnote 630:

We should indeed be inclined to question the veracity of a witness,

who under circumstances of extreme pain, rage and terror, should

pretend to any very great sensibility to minuter accidents.

Footnote 631:

The Faculty of Leipsic decided “Dormientem in sella Virginem insciam

deflorari posse 1. _Valent. Pand. Med. Leg._ p. 31. vide etiam _ib._

p. 33. De stupris in Somno à Fœminis admissis.” In stating the above

authorities we are not to be considered as implicitly confiding in

their truth.

Footnote 632:

Yet if she live long enough to make a deposition upon oath, it is

admissible. Vide post _Fleming & Windham’s_ case.

Footnote 633:

This belongs to a class of cases of which we shall take no other

notice, than by referring the reader to the authorities. We do not

believe that medical evidence can ever materially elucidate the fact,

unless the crime be violent and accompanied by material bodily injury.

Footnote 634:

In the celebrated case of _Mary Ashford_, the prisoner _Abraham

Thornton_, admitted the carnal knowledge, adding that it was with her

own consent, but the whole of the evidence repelled the latter

assertion; the death of his unhappy victim (however caused) rendered

it impossible to convict him of Rape.

Footnote 635:

It is possible that a woman who has consented to her dishonor by one

person, may on fear of discovery, or for some malignant motive, charge

the crime on another; or as in the cases mentioned by _Capuron_, she

may have produced external appearances of injury for the same

nefarious purpose.

Footnote 636:

_Farr_ and _Faselius_ incline to the same opinion. The Parliament of

Thoulouse passed a decree upon this subject, deciding that a woman

violated might nevertheless conceive; the physicians having on that

occasion reported, “posse quidem voluntatem cogi, sed non naturam, quæ

semel irritata pensi voluptate fervescit, rationis et voluntatis

sensum amittens.”

Footnote 637:

Or if she be a married woman, how is it possible to fix the filiation?

Footnote 638:

Sir _W. Blackstone_ does not appear to have adverted to this statute.

4 _Comm._ 314. See _Jac. L.D._ by _Tomlins, tit._ Rape.

Footnote 639:

All persons, whether men or women, aiding in the perpetration of a

Rape, are guilty of felony. Lord _Baltimore’s_ case, 2 _Burr._ 2179.

Footnote 640:

It is somewhat singular that several eminent writers should have

fallen into the error of citing Lord _Castlehaven’s_ and Lord

_Audley’s_ as distinct cases; _Mervin Touchet_ was Earl of

_Castlehaven_ in Ireland, and Baron _Audley_ in England.

Footnote 641:

For the opinion of the Judges on the question of penetration, arising

out of this case, see _Hutt. R._ 115.

Footnote 642:

The doubt in this case arose on the construction of the Statute 2 & 3

_Ph. & M. c._ 10. See also _Lambe’s_ case, 2 _Leach’s C.L._ 626.

Transcriber’s Note

This print copy of the book had front matter labelled with small Roman

numerals followed by an Introduction also labelled with small Roman

numerals and beginning again with ‘i’. In this e-book version, the page

numbers of the front matter have been suffixed with _a (i.e. i_a) and

the page numbers of the Introduction have been suffixed with _b (i.e.

i_b), in order to differentiate them.

This book uses inconsistent spelling and hyphenation, which were

retained in the ebook version. Ditto marks and dashes used to represent

repeated text have been replaced with the text that they represent. Some

corrections have been made to the text, including correcting the errata

noted, normalizing punctuation and correcting page numbers in the table

of contents where errors were found. Further corrections are noted

below:

p. v_b: weight of a religious ordonannce -> weight of a religious

ordinance

Footnote 41: Cours de Médicine -> Cours de Médecine

p. xxxvi_b: Sir Henry’s Presidentcy -> Sir Henry’s Presidency

p. xlvii_b: a sign of independant vitality -> a sign of independent

vitality

Footnote 75: suggested that Cardinel Wolsey -> suggested that Cardinal

Wolsey

p. 2: were repeated by the Act 14 and 15 -> were repealed by the Act 14

and 15

p. 20: the warden or goaler -> the warden or gaoler

p. 31: the defendants,[95] plea was naught -> the defendant’s[95] plea

was naught

p. 42: beacons to avoid passed errors -> beacons to avoid past errors

p. 48: fit to pratise in _another_ -> fit to practise in _another_

p. 59: and the evstravagant praise which -> and the extravagent praise

which

Footnote 134: minutes of the Royal Soeiety -> minutes of the Royal

Society

Footnote 148: jurisdiction of the Bishop or Winchester -> jurisdiction

of the Bishop of Winchester

p. 92: its most absurd superstititions -> its most absurd superstitions

p. 95: health of the neigbourhood -> health of the neighbourhood

Footnote 153: ground on which this cemetry -> ground on which this

cemetery

Footnote 158: Mémoires de la Societe Royale -> Mémoires de la Société

Royale

Footnote 177: Treasise on the Plague -> Treatise on the Plague

Footnote 177: but carefuly avoived contact -> but carefully avoided

contact

Footnote 183: being communicated from person person -> being

communicated from person to person

p. 116: from the pen of Dr. _Brancoft_ -> from the pen of Dr. _Bancroft_

Footnote 195: _Medical Logic Eit. 2. p. 219._ -> _Medical Logic Edit. 2.

p. 219._

p. 123: substance so analagous to -> substance so analogous to

p. 131: from Symrna to the whole African coast -> from Smyrna to the

whole African coast

Anchor position Footnote 213 assumed

p. 141: leaves a poisonons substance -> leaves a poisonous substance

p. 152 witnssses, or even spectators -> witnesses or even spectators

p. 152: the attention of Medical practioners -> the attention of Medical

practitioners

Footnote 254: hujusmodi morbornm quavis -> hujusmodi morborum quavis

Footnote 263: the SIXT AGE -> the SIXTH AGE

Anchor position for Footnote 393 assumed

Footnote 347: See _Part_ 3. of _Personal Idendity_. -> See _Part_ 3. of

_Personal Identity_.

p. 223: we may doubt whether the Achbishop of Canterbury -> we may doubt

whether the Archbishop of Canterbury

Footnote 350: considering such a phecomenon as impossible -> considering

such a phenomenon as impossible

Footnote 351: shew that that there was living issue born -> shew that

there was living issue born

Anchor position for Footnote 401 assumed

Footnote 408: Journal des Pratisch Heilkunst. -> Journal des Praktischen

Heilkunst.

p. 263: in a paper entiled -> in a paper entitled

p. 281: he said to have been _born_ -> be said to have been _born_

Footnote 470: _Medico-Chirurg. Trans._ voi. 10 -> _Medico-Chirurg.

Trans._ vol. 10

p. 287: The following remaks -> The following remarks

Footnote 478: London Medical Repositoty -> London Medical Repository

p. 288: see also Montaigne’s Esssay -> see also Montaigne's ssay

p. 288: are very uncommon in occurence -> are very uncommon in

occurrence

p. 292: This succeeds to adolesence -> This succeeds to adolescence

p. 296: whether by the Commisioners -> whether by the Commissioners

Footnote 508: when is erred from -> when it erred from

p. 301: any instrumeut to bind his property -> any instrument to bind

his property

p. 301: and responsable for his actions -> and responsible for his

actions

p. 304: formerly practised in Lunatic Assylums -> formerly practised in

Lunatic Asylums

Footnote 513 anchor position assumed

p. 311: derangement into two classss -> derangement into two classes

p. 319: betow his wealth upon a stranger -> bestow his wealth upon a

stranger

p. 331: the inhabitants of the metroplis -> the inhabitants of the

metropolis

Footnote 552: putrefacfion of a considerable heap of cabbages ->

putrefaction of a considerable heap of cabbages

Footnote 561 anchor position assumed

Footnote 569: appear to be have been very similar -> appear to have been

very similar

p. 368: The last case which he rela tes -> The last case which he

relates

p. 372: brought close to his eyes, conclave glasses -> brought close to

his eyes, concave glasses

p. 377: if any butcher do sell contageous flesh -> if any butcher do

sell contagious flesh

p. 386: his life was depaired of by both of them -> his life was

despaired of by both of them

p. 389: if the daugther was the survivor -> if the daughter was the

survivor

p. 395: those who where found where -> those who were found where

p. 405: and filled with_o atmeal_ -> and filled with _oatmeal_

p. 408: the philosopers of different countries -> the philosophers of

different countries

p. 416: for there were formery several -> for there were formerly

several

Footnote 622: _Vesale_, _Colomb_, _Mahon_, ect. -> _Vesale_, _Colomb_,

_Mahon_, etc.

p. 434: Mr. Justise _Foster_ -> Mr. Justice _Foster_