Chapter IV: 38 (4)

“The Burgundian laws provided, that, if the young woman carried off, returned to her parents actually corrupted, the offender should pay six times her price; [that is, six times her _weregild_, or legal valuation;] and also a mulct (to the Crown, I suppose,) of twelve shillings. If he had not wherewithal to pay this, he should be given up to her parents, or near relations, to take their revenge of him in what way they pleased[170].”

By the law of Æthelbert, the first Christian king of Kent, it was enacted, that, if any person take a young woman by force, he shall pay her parent or guardian fifty shillings; and shall make a farther composition for her ransom. If she were espoused, he shall compensate the husband by an additional payment of twenty shillings: but if she were with child, the augmented fine shall be five and thirty shillings, and fifteen more to the king[171].

There is an ordinance of King Alfred, for the punishment of rapes committed upon country wenches who were servants, an offence which may be supposed to have been prevalent at that time. It is delivered in the following terms:—“Si quis coloni mancipium ad stuprum comminetur, quinque solidis colono emendet, et sexaginta solidis mulctae loco. Si servus servam ad stuprum coëgerit, compenset hoc virga sua virili. Si quis puellam tenerae aetatis ad illicitum concubitum comminetur, eodem modo puniatur, quo ille qui adultae servae hoc fecerit[172].”

By the Welsh laws of Prince Höel Dha, if two women were walking together without other company, and violence was offered to either or both of them, it was not punishable as a rape; but if they had a third person with them, they might claim their full legal redress. If the perpetrator of a rape, being accused, confessed the fact, besides full satisfaction to the woman, he was to answer for the crime to his sovereign, by the present of a silver stand as high as the king’s mouth, and as thick as his middle finger, with a gold cup upon it, so large as to contain what he could take off at one draught, and as thick as the nail of a country fellow who had worked at the plough seven years. If the offender was not able to make such a present, _virilia membra amittat_.

Sir Edward Coke states this offence as a felony at the common law, which had a punishment, “under such a condition as no other felony had the like.” The criminal was adjudged “amittere oculos, quibus virginem concupivit; amittere etiam testiculos, qui calorem stupri induxerunt.”

In the ancient law of England, exclusive of the punishment inflicted on the criminal, his horse, greyhound, and hawk, were also subjected to great corporal infamy: but the woman who was the sufferer might prevent all the penalties, if, before judgement, she demanded the offender for her husband. The Roman law was in the same spirit:—“Rapta raptoris aut mortem aut indotatas nuptias optet;” upon which there arose what was thought a doubtful case: “Una nocte quidam duas rapuit; altera mortem optat, altera nuptias[173].”

[NOTE XVI. Chap. iv. § 18. p. 120.

_Medical Evidence at Inquests._

By the Act (6 and 7 Will. 4. cap. 89.) a Medical man is liable to a penalty of £5 for failing to attend when summoned upon an inquest: he is entitled to a fee of one guinea for his attendance, and to another guinea in case of a _post mortem_ examination.]

Deo Gloria.

FOOTNOTES:

[103] Hume’s _Inquiry concerning the Principles of Morals_, sect. vi. pt. 1. (or _Essays_, vol. ii. p. 272.)

[104] See Adam Smith’s _Theory of Moral Sentiments_, pt. vi. sect. 3. vol. ii. p. 158.

[105] [_Essays_, § 12. (_Works_, vol. ii. p. 271.)]

[106] See the Introduction to _Philosophical and Literary Essays_, by Dr. James Gregory of Edinburgh, p. clxxxvii.

[107] The learned editor, Lipsius, observes in his note on this passage, “Persarum similis mos, ... et Cretensium, ... et Graecorum omnium veterum.”

[108] _Duties of Men_, chap. 12. vol. ii. p. 150.

[109] Chap. 12. vol. ii. p. 159.

[110] [Gisborne calls him “an _eminent_ writer.” There is a similar instance of Percival’s modesty below, p. 155.]

[111] Percival’s _Medical Ethics_, chap. i. § 23.

[112] [Rom. iii. 8.]

[113] Horace, _Sat._ i. 1. 106.

[114] [Alluding perhaps to _De Mendac._ c. 21. § 42. tom. vi. p. 444. ed. Bened., or to _Cont. Mendac._ c. 20. § 40. tom. vi. p. 472; but if so, St. Augustine’s meaning is not quite correctly given in the text.]

[115] _De Jure Belli ac Pacis_, lib. iii. cap. 1. sect. 10 [9?] §§ 2-4.—See also cap. 1. sect. 14-16.

[116] Spavan’s Puffendorff, vol. ii. chap. 1. p. 6.

[117] _Ibid._ p. 9.

[118] Leechman’s biographical Preface to Hutcheson’s _System of Moral Philosophy_, p. xxiv.

[119] _System of Moral Philosophy_, bk. ii. ch. 10. § 4. vol. ii. p. 32.

[120] [Rom. iii. 8.]

[121] _System of Moral Philosophy_, bk. ii. ch. 17. § 7. vol. ii. p. 132.

[122] See Boswell’s _Life of Johnson_, June 13, 1784.

[123] [St. Matth. vii. 12.]

[124] Pliny, _Epist._ iii. 16.

[125] Lady Rachel Russell’s _Letters_; Note to Letter 149.

[126] _Essays_, bk. ii. ch. 37. p. 703. [654. ed. 1711.]

[127] _Anecdotes of some Distinguished Persons_, vol. ii. p. 386.

[128] _Life of Sydenham._ (_Works_, vol. xii. p. 182.)

[129] In the Preface to his _Treatise upon the Small-Pox_.

[130] [In the Dedication to his _Observationes Medicae_.]

[131] Johnson’s _Life of Sydenham_, p. 183.

[132] [§ 1. vol. i. p. 32.]

[133] See Bulæi _Hist. Univers. Paris._, tom. iii. p. 158; Henry’s _Hist. of Great Britain_, bk. iv. ch. 4. § 1. vol. viii. p. 206.

Dr. Freind has given a somewhat different account of the celebrated School of Salerno:—“Sunt in eo decem Doctores, qui sibi invicem, juxta creationis ordinem, succedunt. Candidatorum examinatio severissima est, quae fit aut in Galeni _Therapeuticis_, aut in primo primi _Canonis_ Avicennae, aut in _Aphorismis_. Is qui Doctoratum ambit unum ac viginti annos habere debet, (verum hic lapsum subesse autumo, cum scribendum sit _viginti quinque_ vel _septem_,) ac testimonia proferre, quae per septem annos eum Medicinae studuisse doceant. Quod si inter Chirurgos recipi cupiat, anatomiam per anni spatium didicisse hunc oportet: jurandum ei est, fidelem se ac morigerum Societati futurum, praemia a pauperibus oblata recusaturum, neque Pharmacopolarum lucri participem fore. Tum liber in ejus manum traditur, annulus digito induitur, caput laurea redimitur, atque ipse osculo dimittitur. Multa alia statuta sunt ad praxeos ordinationem pertinentia; Pharmacopolae praesertim, ut juxta Medici praecepta componant medicamenta, et ut ea certo pretio divendant, obligantur.” _Hist. Medic._ (in _Oper. Med._ p. 537.)

[134] Consult Seb. Bacmeisteri _Antiq. Rostock._ [in Westphalen’s _Monum. Ined. Rer. German._, tom. iii.]; Crevier, _Hist. de l’Univers. de Paris._, tome i. p. 96; and Robertson’s _Hist. of Charles V._, vol. i. Note 28.

[135] Johnson’s _Life of Addison_. (_Works_, vol. x. p. 85.)

[136] _Ibid._ (?)

[137] See _Cod. Theodos._ xiii. 3. § 8.

[138] _Annal._ xi. 5, 7.

[139] Of this truth it has been my duty and inclination to offer several proofs, of unquestionable authority, in different parts of the present work. Two additional ones now occur to my recollection, which I shall here insert. Mr. Pope, writing to Mr. Allen concerning his obligations to Dr. Mead and other Physicians, about a month before his death, says:—“There is no end of my kind treatment from the Faculty. They are in general the most amiable companions and the best friends, as well as the most learned men I know.”—The Rev. Dr. Samuel Parr, in a letter, with which he honoured me in September 1794, thus expresses himself:—“I have long been in the habit of reading on Medical subjects; and the great advantage I have derived from this circumstance is, that I have found opportunities for conversation and friendship with a class of men, whom, after a long and attentive survey of literary characters, I hold to be the most enlightened professional persons in the whole circle of human arts and sciences.”

[140] Pt. i. § 3.

[141] See _Biographia Britannica_.

[142] [Or _Works_, vol. iii. p. 485.]

[143] [Dr. Parr adds, “and a _Percival_.” See above p. 133.]

[144] Chap. 12. vol. ii. p. 191.

[145] Lect. 2. p. 64.

[146] Lect. 2. p. 68.

[147] [Ps. cxxxix. 14.]

[148] See Percival’s _Father’s Instructions_, pt. iii. p. 312. (_Works_, vol. i. p. 277.)

[149] [Alluding probably to _Alcib. II._ pp. 141 sq., 150 sq.]

[150] [2 Tim. i. 10.]

[151] _Essays_, § 42. (_Works_, vol. ii. p. 343.)

[152] [See Hudson’s _Directions for Making Wills_, where more minute information on the subject may be found.]

[153] _Hist. Placitor. Coronae_, pt. i. ch. 4. p. 30.

[154] See Walpole’s _Cat. of Royal and Noble Authors_, vol. i. p. 188; also Percival’s _Moral and Liter. Dissert._, p. 82. (_Works_, vol. ii. p. 52.)

[155] See _Biogr. Britann._ (ed. Kippis,) Art. “Simon Browne.”

[156] _Lettres sur les Ecrits et le Caractère de J. J. Rousseau._

[157] The reader is referred to Dugald Stewart’s _Philosophy of the Human Mind_, ch. 7. § 5, for some admirable remarks on the evils which result from an ill-regulated imagination.

[158] For further details the reader may consult Dr. Winslow’s edition of the Act, (1845, small 8vo.) from which the following observations are taken, p. 32 &c.

[159] _Hist. Rom._ ii. 118.

[160] _German._ c. 10.

[161] _De Jure Sueonum et Gothorum Vetusto_, i. 7. p. 76; quoted by Robertson, _Hist. of Charles V._, vol. i. Note 22.

[162] See Montesquieu, _De l’Esprit des Loix_, liv. xxviii. ch. 20.

[163] See Robertson’s _Hist. of Charles V._ bk. v.

[164] The History of Lord Herbert of Cherbury, who lived in the reigns of Queen Elizabeth and James I., fully exemplifies the folly and danger of adopting false principles of honour. During the abode of this romantic nobleman at the Duke of Montmorenci’s, about twenty-four miles from Paris, it happened one evening that a daughter of the Duchess de Ventadour, of about ten or eleven years of age, went to walk in the meadows with his lordship and several other gentlemen and ladies. The young lady wore a knot of riband on her head, which a French chevalier snatched away, and fastened to his hatband. He was desired to return it, but refused. The lady then requested Lord Herbert to recover it for her. A race ensued; and the chevalier, finding himself likely to be overtaken, made a sudden turn, and was about to deliver his prize to the young lady, when Lord Herbert seized his arm, and cried out, “I give it you.” “Pardon me,” said the lady, “it is he who gives time.” “Madam,” replied Lord Herbert, “I will not contradict you, but if the chevalier do not acknowledge that I constrain him to give the riband, I will fight with him.” And the next day, he sent him a challenge, “being bound thereto,” says he, “by the oath taken when I was made Knight of the Bath.” See the Life of Lord Herbert of Cherbury; also Percival’s _Moral and Literary Dissertations_, p. 299. (_Works_, vol. ii. p. 206.)

[165] _Charge against Duels._ (_Works_, vol. iv. p. 403.)

[166] _Advice to an Author_, vol. i. p. 273.

[167] Paley’s _Moral and Political Philosophy_, bk. iii. pt. ii. ch. 9.

[168] See _Annual Register_, for 1803, p. 14*.

[169] See _Courier_, March 9, 1803.

[170] [Disney, Tit. i. chap. 9. p. 174.]

[171] [See Disney, _ibid._ p. 177 &c.]

[172] [See Wilkins, _Concil. Magn. Britann._, vol. i. p. 193.]

[173] [See Eden, chap. 22. p. 239.]

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The Editor will be much obliged to any one who will furnish him with any Letters, Papers, or information of any kind, relating to the life and character of the following individuals.

JOHN ABERCROMBIE, M.D.; born 1781, died 1844.
THOMAS BATEMAN, M.D.; born 1778, died 1820.
SIR RICHARD BLACKMORE, M.D.; born ----, died 1729.
WILLIAM BLAIR; born ----, died 1822.
HERMAN BOERHAAVE, M.D.; born 1668, died 1738.
SIR THOMAS BROWNE, M.D.; born 1605, died 1682.
JOHN CHEYNE, M.D.; born 1777, died 1836.
JOHN FOTHERGILL, M.D.; born 1712, died 1780.
JOHN D. GODMAN, M.D.; born 1794, died 1830.
JOHN MASON GOOD, M.D.; born 1766, died 1827.
ALBERT VON HALLER, M.D.; born 1708, died 1777.
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PHILIP HECQUET, M.D.; born 1661, died 1737.
WILLIAM HEY; born 1736, died 1819.
JAMES HOPE, M.D.; born 1801, died 1841.
CHRIST. WILL. HUFELAND, M.D.; born 1762, died 1836.
JAMES KENNEDY, M.D.; born ----, died 1827.
JAMES MEIKLE; born 1730, died 1799.
PHILIP SYNG PHYSICK, M.D.; born 1768, died 1837.
BENJAMIN RUSH, M.D.; born 1745, died 1813.
JOHN RUTTY, M.D.; born 1698, died 1775.
THOMAS SYDENHAM, M.D.; born 1624, died 1689.
SAM. AUG. AND. DAV. TISSOT, M.D.; born 1728, died 1797.
MICHAEL UNDERWOOD, M.D.; born 1737, died 1820.
THOMAS WILLIS, M.D.; born 1622, died 1675.

_Sept., 1849._