Chapter XX: Introduction (2)

_Zittman._ Medicina Forensis, 4to. Francofurti.

Footnote 18:

_Richter._ Decisiones Medico-Forenses.

Footnote 19:

_Teichmeyer._ Institutiones Med. Leg. 4to. Jenæ 1740.

Footnote 20:

_Stark._ De Medicinæ Utilitate in Jurisprudentia, 4to. Helmont, 1730.

Footnote 21:

_Hebenstreit._ Anthropologia Forensis, 8vo. Lipsiæ, 1753.

Footnote 22:

_Ludwig._ Institutiones Medicinæ Forensis.

Footnote 23:

_Fazellius._ Elementa Medicinæ Forensis.

Footnote 24:

_Plenck._ Elementa Medicinæ et Chirurgiæ Forensis.

Footnote 25:

Vorlesungen über die gerichtliche Arneywissenchaft, 3 v. 8.

Footnote 26:

Bibliothek der Staatsaryneikunde, _i. e._ Bibliotheca of State
Medicine.

Footnote 27:

_Sikora._ Conspectus Medicinæ Legalis. Pragæ et Dresdæ, 1792.

Footnote 28:

_Loder._ Anfangsgründe der Medicinischen Anthropologie und der
Staatsarzneykunde 8. Werm. 1793.

Footnote 29:

_Metzer._ System der gerichtlichen arzneywissenchaft. 8 Koningsb.
1793. Latin by _Keup._ 8 Stend. 1794.

Footnote 30:

_Muller._ Entwurf der gerichtlichen Arzneywissenchaft 2 vol. 8. Frank.

Footnote 31:

Collectio Opusculorum selectorum ad Medicinam forensem spectanium,
curante. F. C. T. Schlegel, Leipsic 1789-1800.

Footnote 32:

Bibliothèque Medicale.

Footnote 33:

Quæstiones Medico-Legales, in quibus omnes materiæ medicæ quæ ad
legales facultates videntur pertenere, proponuntur, pertractantur,
resolvuntur. Tom. ix. Romæ 1621.

Footnote 34:

Systema Cautel. Medicar. p. 579.

Footnote 35:

“Istituzioni di Medicina Forense di _Giuseppe Tortosa_, Professore
Medico della Commissione Dipartimentale di Sanita del Bacchiglione.”
Vol. ii. Vicenza, 1809.

Footnote 36:

Traité de Med. Leg. par _Foderé_ Vol. I.

Footnote 37:

Traité de Med. Leg. T. i. Introduct. xxxiv.

Footnote 38:

Recueil periodique de la Société de Médecine, tom. vii, p. 343.

Footnote 39:

Les Lois eclairées par les Sciences Physiques; ou Traité de Médecine
Légale, et d’Hygiène Publique, tom. iii. 8vo, Paris.

Footnote 40:

Médecine Légale, et Police Médicale, de _P. A. O. Mahon_, Professeur
de Med. Leg. etc. avec quelques notes de _M. Fautrel_.

Footnote 41:

Cours de Médecine Légale, Theoretique et Pratique, de _J. J. Belloc_,
Chirurgien à Agen, 1 vol. in 12mo.

Footnote 42:

Manuel d’Autopsie cadaverique Medico-Legale, &c. 2 vol.

Footnote 43:

Traité de Médecine Légale et d’Hygiène Publique, ou de Police de
Santé, par _F. E. Foderé_, Docteur en Médecine.

Footnote 44:

Toxocologie Générale considérée, sous les Rapports de la Physiologie,
de la Pathologie, et de la Medicine Légale.

Footnote 45:

Leçons faisant Partie du Cours de Médecine Legale, de _M. Orfila_. A
Paris, 1821.

Footnote 46:

La Médecine Légale, relative a l’Art des Accouchemens, par _J.
Capuron_, Docteur en Médecine, &c. Paris, 1821.

Footnote 47:

“Elements of Medical Jurisprudence, or a succinct and compendious
description of such tokens in the human body as are requisite to
determine the judgment of a Coroner and Courts of Law, in cases of
Divorce, Rape, Murder, &c.; to which are added Directions for
preserving the Public Health; by _Samuel Farre_, M.D.” 12mo. p.p. 139.

Footnote 48:

“Elements of Juridical or Forensic Medicine; for the use of medical
men, coroners, and barristers,” by _George Edward Male_, M.D. Second
edition. London, 1818. The first edition of the above work was
published under the title of “Epitome,” in the earlier part of 1816.

Footnote 49:

See Vol. i. p. 125. _Note._

Footnote 50:

For a striking illustration of this truth we have only to refer the
reader to the facts detailed in the note at page 102, in the first
volume of the present work.

Footnote 51:

_Sir Thomas Browne_ was, upon this occasion, called upon by _Sir
Matthew Hale_ to give his judgment; upon which he declared, that “he
was clearly of opinion that the fits were natural, but heightened by
the devil, co-operating with the malice of the witches, at whose
instance he did the villainies,” and he added, “that in Denmark there
had been lately a great discovery of witches who used the very same
way of afflicting persons by conveying pins into them.” This relation
of _Sir Thomas Browne_, says the historian of the case, made that good
and great man, _Sir Matthew Hale_, doubtful; but he would not so much
as sum up the evidence, but left it to the jury with prayers that the
great God of Heaven would direct their hearts in that weighty matter.
The jury accordingly returned a verdict of guilty; and their execution
was amongst the latest instances of the kind that disgrace the English
annals.

Footnote 52:

Sweden is particularly distinguished for the accuracy of its bills of
mortality. Exact accounts have been taken of the births, marriages,
and burials, and of the numbers of both sexes that died at all ages in
every town and district; and also at the end of every period of five
years, of the numbers living at every age. At Stockholm a society was
established whose business it was to superintend and regulate the
enumeration, and to collect from the different parts of the kingdom
the registers, in order to digest them into tables of observation.

Footnote 53:

See a memoir in the first volume of the Royal Geological Society of
Cornwall, entitled “On the Accidents which occur in the Mines of
Cornwall, in consequence of the premature explosion of gunpowder in
blasting rocks, and on the methods to be adopted for preventing it, by
the introduction of safety bars, by _J. A. Paris_, M.D. &c.”

Footnote 54:

See the author’s Pharmacologia, edit. v. _Hist. Introd._ vol. i, p.
92.

Footnote 55:

Ibid. vol. ii, p. 830. art. _Papaveris Capsulæ_.

Footnote 56:

Ibid. vol i, p. 53, note.

Footnote 57:

See vol. i, p. 260, _note_.

Footnote 58:

The Introductory Lecture of a Course upon State Medicines London,
1821.

Footnote 59:

Chlorine—Eu-chlorine—Muriatic acid—Sulphurous acid—Nitrous
oxide—Carbonic acid—Sulphuretted hydrogen—Ammonia—Cyanogen.

Footnote 60:

See the plan proposed by the author, in the Journal of Science and the
Arts, no. xxviii, p. 436.

Footnote 61:

The reader must refer to our chapter “on the Physiological Causes of
Sudden Death,” p. 23; and to that “on Syncope,” p. 25.

Footnote 62:

The imposition of Urine-casting owed its origin to monastic practice,
where the inspection of the urine in the monastery obviated the
trouble of a personal communication with the patient.

Footnote 63:

In 1500, _Francis Anthony_ was charged with killing several persons by
a medicine, said to have been compounded of Gold and Mercury, which he
called his _Aurum Potabile_.—_Goodall, Pro_ 349.

Footnote 64:

See however on this subject a pamphlet published at Oxford in 1721,
occasioned by the case of the King _v._ the Bishop of Chester.

Footnote 65:

The exclusion of persons, not being graduates of an English
University, formed the subject of a royal letter, for which see
Appendix, page 92.

Footnote 66:

See Lord Kenyon’s judgment, 7 Term Rep. 288, and Appendix page 134.

Footnote 67:

_Henry_ himself appears to have added some study of Physic to his
other pursuits; among the _Sloane MSS._ in the British Museum there
are several receipts invented by the king in conjunction with Doctors
_Butt_ and _Chambers_; the familiarity of the former with _Henry_ is
shown by _Shakspeare_, _Hen. 8th_, _Act._ 4. _Scene_ 2.

Footnote 68:

_Chambre_ and _Linacre_ were in holy orders, a circumstance which has
been cited against the present bye-law of the College, that no priest
can be admitted; it must be remembered that it is the policy of the
present day to restrain the clerical encroachments, which constituted
a leading feature of the Papal usurpation; our Inns of Court observe
the same rule.

Footnote 69:

_Jo. Alph. Borellus_, in speaking of the pretensions of _Honoratus
Faber_ to this discovery, concludes _Omnes enim sciunt Harveium Anno
Dom 1628 Fancofurti typis Gual. Fitzeri suam exertationem primum
edidisse_; _scilicet decem annos antequam Fabri sanguinis
circulationem docuisset_. _See Goodall’s Proceedings of the College._

His work de _Generatione Animalium_, although eclipsed by his superior
discovery, must be considered as a valuable acquisition to the science
of Physiology; its luminous reasonings overturned the doctrine of
_Equivocal Generation_, that had been maintained in the schools since
the days of Aristotle, and established the universal principle “OMNIA
EX OVO.”

Footnote 70:

_Henry Marquis_, of Dorchester, who was admitted a Fellow in 1658,
left at his death in 1680, a collection of medical and other books to
the College which were valued at £4000.

Footnote 71:

This power has however been questioned; the words of the Act 25 _Hen._
8. are, “All manner of Licences, Dispensations, Faculties, &c. as
heretofore hath been used and accustomed to be had at the See of
Rome.” The term Degree does not occur in the act, yet in _The King v.
the Bishop of Chester_, a degree of Bachelor of Divinity granted by
the Archbishop was held a good qualification. 8 _Mod._ 364: _Strange_
797. This judgment was ably controverted in a pamphlet published at
Oxford in 1791; we may say with the author, “As to the Archbishop of
Canterbury I have no design to rob his See of any privileges belonging
to it. He may give as many titles, and bestow as many honours as the
POPE himself does, provided they are not admitted into the same rank
with those conferred by the favour of the Crown, and they do not
challenge any place in the construction of Charters and Acts of
Parliament.” See Serj. _Hill’s_ Law Pamphlets in fol vol. 1. in
Lincoln’s Inn, Lib. A recent Act of Parliament, 55th _Geo._ 3.
recognises only Physicians licenced by the College and by the
Universities of Oxford and Cambridge.

Footnote 72:

Such subsequent Charters would not however annul the original Letters
Patent. “A new Charter doth not merge or extinguish any of the ancient
privileges of the old Charter. And if an ancient corporation is
incorporated by a new name, yet their new body shall enjoy all the
privileges that the old corporation had.” _Raym._ 439: 4 _Rep._ 37.
For other points as to renewed or substituted Charters, see _The King
v. Amery and Monk_, by information in the nature of a _quo warranto_,
1 T.R. 575. _Newling against Francis_ (the election of Mayor of
Cambridge) 3 T. R. 189. _The King against Miller_, 6 T. R. 268. And
more particularly _Rex v. the Vice-Chancellor &c. of Cambridge_, 3
_Burr._ 1656. “A Corporation already existing are not obliged to
accept the new Charter in toto, and to receive either all or none of
it. They may act partly under it and partly under their old Charter or
Prescription. Whatever might be the notion in former times, it is now
most certain, that the Corporations of the Universities are
Lay-Corporations; and that the Crown cannot take away from them any
rights that have been formerly subsisting in them under old Charters
or prescriptive usage.”

Footnote 73:

An alien cannot now be a Fellow of the College, and there is good
reason for this, as he may have judicial authority when elected to
serve as Censor, &c.

By 9 _J._ 1. _c._ 5. _s._ 8. no Popish Recusant shall practice Law or
Physic, or exercise any public office, or the trade of an Apothecary;
but this Act is in part repealed by 31 _Geo._ 3. _c._ 32. There is
also a considerable distinction in law between a person who is merely
a Papist and one who is a Recusant.

Footnote 74:

It is true that the College has no means of punishing the disobedient
in the country, because the Statute is not supported by penalties; but
it must be remembered that the acting in defiance of a Statute is in
itself a misdemeanour. According to the opinion of Chief Justice
_Mansfield_, a Doctor’s Diploma does not itself entitle the possessor
to practise in the country parts (provinces) of England. He must be an
Extra-Licentiate of the Royal College of Physicians, or Medical
Graduate of an English University. The provincial physician, unless
thus protected, is placed under very humiliating circumstances; he is
only a doctor by _courtesy_, and therefore cannot claim rank, or
defend himself in courts of law. In a cause tried at Stafford before
Judge _Mansfield_, a physician who had graduated in Scotland, having
been grossly abused in his professional capacity, sued for redress,
but could obtain none, because he had not complied with the act of
_Henry_ the 8th. _Middleton v. Hughes. See Harrison’s Address._ 62.

Footnote 75:

To this Act it has been objected that it wants the Royal confirmation,
and it was suggested that Cardinal Wolsey for a sum of money,
interpolated this among other Acts without the King’s assent. The
story, sufficiently improbable in itself, rests on no evidence, and
the plea founded on it was overuled by C. Justice _Pemberton_, 2
_Show_ 166. _See also College of Physicians against Huybert. Goodall’s
Collect._ 267, where the circumstances are more fully related.

Footnote 76:

This fine is raised to ten pounds by _Stat._ 1 _Mary_, _Ses._ 2. _c._
9. § 5.

Footnote 77:

Such as “Women’s breasts being sore; a Pin and Web in the Eye;
Uncombes of Hands; Burns; Scaldings; sore Mouths; the Stone;
Strangury; Saucelim; and Morphew, and such other like diseases.”

The pin and web in the eye is alluded to by Shakespeare in Lear, Act
iii. Sc. iv. “_he gives the web and the pin_,” and again, “_wishing
all eyes blind with the pin and web_,” Winter’s Tale, Act. i. Sc. ii.
With respect to the precise meaning of this expression some doubts
have arisen. Hanmer says _the pin_ is a horny induration of the
membranes of the eye. Skinner seems likewise to say the same, but Dr.
Johnson thinks that it is an inflammation, which causes a pain like
that of a pointed body piercing the eye: _Web_ in the eye, is defined
by Johnson “a kind of dusky film that hinders the sight.” _Uncombes of
Hands_ is an expression still used in the North for _Whitlows_.
_Morphew_ signifies a cutaneous eruption in the face, _Saucclim_?

Footnote 78:

See _Cro. Car._ 257.

Footnote 79:

Such penalty has been recovered from the warden of the Fleet.
_Goodall’s Pro._ 421.

Footnote 80:

By Statute 10 Geo. 1. c. 20, the College was empowered to examine
drugs within seven miles circuit, as well as within the City of
London, to which the wording, though probably not the intention, of
former acts had confined them; but this Statute, though continued by
13 G. 1. c. 27, has now expired; we shall in another place suggest the
policy of reviving and extending its enactments.

Footnote 81:

The punishment of dissection is now added by Act of Parliament to the
execution for murder only, but this does not exclude the right of the
Crown to the disposal of the bodies of all executed traitors and
felons. The words of the grant of Elizabeth, are “_quod jure publico
hujus regni furti homioidii vel cujuscumque feloniæ condamnatum et
mortuum fuerit_.” Charter 7 Eliz. Goodall’s Collection, p. 35.

Footnote 82:

For the power of Corporations to make reasonable Bye Laws, See _Kyd_
on Corporations; how far they may bind Strangers. ib. 103. _Cowper_,
269; they must not be in diminution of the King’s prerogative, or to
restrain suits in the King’s Courts; 19 _Hen._ 7. c. 7. nor to extend
to imprisonment or forfeiture of goods. Magna Charta. 2 _Inst._ 47,
54. _Kyd_, 156. But see also 5 _Mod._ 320; but they may inflict a
penalty to be recovered by action or distress; 5 _Co._ 64. _Kyd_, 156.
And this power to make Bye Laws, is incident to all Corporations,
though it be not given by any special clause. _Co. Lit._ 264. _Ld.
Hob._ 211. _Carth_ 482. 3 _Leon_ 39. A bye-law, giving a casting vote
to the senior, if the charter requires a majority, is bad. _King v.
Ginever._ 6 T. R. 732. As to the other points, respecting elections,
see _the King against the Mayor of Durham_, in Lord _Kenyon’s
Reports_, by _Hanmer_, _p._ 112. And generally, 1 T R 118: 2 T R 2: 6
T R 732, 736: 7 T R 543: 8 T R 356: 1 _H. Blackstone_ 370: 12 _East_
22: 3 _East._ 186: 3 _Bos and Pull_ 434. A bye law must be reasonable,
if not it is bad, 1 _Salk_ 143: 11 _Co. R._ 53: _Moore_ 412, 576: _Ld.
Kenyon by Hanm._ 500. As to the mode of making bye Laws _Ld. Raym._
496: 2 _P Wms._ 209: _Comb._ 269: 1 _Str._ 385, we have been
particular in citing authorities on this subject, as it is a continual
source of litigation with all Corporations: as respects the College of
Physicians, we shall have occasion in another place to refer more
particularly to the case of _the King_, (at the instance of Dr.
_Stanger_) _against the Coll. of Phys._ T. R. 282, in which this power
was very ably argued and determined.

Footnote 83:

The name of Thomas Bonham also occurs about the same period among the
signatures of several Surgeons. See Goodall.

Footnote 84:

A degree in either of the Universities is a good addition in pleading
within the Statute of Additions. 1 _Hen._ 5. _c._ 5. See 2 _Inst._
668. 1 _Bl. Com._ 405.

Footnote 85:

This forbidding is not absolutely necessary, but _ex abundanti
cautela_ is expedient.

Footnote 86:

This custom of amercing for unlicenced practice appears to have been
very commonly adopted by the College: (see Goodall’s Proceedings,) it
was undoubtedly erroneous, but as it was less expensive to the parties
so fined than a suit for five pounds a month, according to the
Statute, of which the defendant must have paid the costs, it was very
generally acquiesced in till 1622, when the above trial took place.

Footnote 87:

And this has been determined by subsequent authorities, that the
exception of Graduates of the two Universities of Oxford and
Cambridge, in the concluding clause, applies to persons practising in
all England, except the privileged district of the City of London, and
seven miles circuit, which is in the peculiar and exclusive
jurisdiction of the College of Physicians, in which no person
whatsoever may practise under any pretence whatsoever except by their
licence. See _Coll. v. West._ 10 _Mod._ _p._ 353.

Footnote 88:

For the power of punishment for Mala Praxis, Vide Post.

Footnote 89:

The King is _Creditor Penæ_, and therefore all fines for offences
belong to him. _Viner. tit_ action _Qui Tam_ (A) 10. The fines are
however granted to the College by the Charter of _James_. Vide Supra.

Footnote 90:

But contra, see the opinion of Chief Justice _Holt_.

Footnote 91:

This must be strictly laid in the declaration, for in the case of the
College against Bush, 4 Mod. 47, an exception was taken to the
Declaration, “that the defendant practised Physic in Westminster,”
without stating that Westminster is within seven miles, &c. and the
defendant had judgment. See also 12 Mod. 10.

Footnote 92:

For the same case see also Brownlow, part 2. Merrett’s Collec. p. 79.

Footnote 93:

See same case, 5 _Mod._ 327: 2 _Salk._ 451, and cases there cited.

Footnote 94:

See also _the King and the President and College of Physicians against
Marchmont Neadham_. _Trin. Ter._ 28 _Car._ 2. B. R. _Goodalls Pro._
273. _Coll. of Phys. v. Bugge_, 15 _Car._ 1. _Scacc. Mag. Rot._ 23,
_Car._ 1; _Goodall_ 259. _Coll. v Bourne_, 24 _Car._ 2: _Coll. v
Harder_: _Coll. v Merry_: _Coll. v Stone_, 35 _Car._ 2: _Goodall_ 275.
_Coll. v Levett_, 1 _Ld. Raym._ 472: _v Salmon, ib._ 680: _v Talbois.
ib._ 153: _v West. ib._ 472: _Coll. v Tenant. Jones_ 262. _Dr. Trigg v
the Coll. Stiles Rep._ 329.

Footnote 95:

Doctor Butler was defendant, though first mentioned in this Report,
the decision being in the King’s Bench, on error of a judgment in the
Common Pleas for the original cause. _Coll. of Phys. v Butler_, See
_Sir W. Jones, Rep._ 261: _Littl. R._ 168, 212, 244, 349.

Footnote 96:

The letter of _John Seale_, which induced the College to bring this
action, was as follows. “_May_ the _5th_, 1704. These are to certify,
that _I, John Seale_, being sick and applying myself to this _Mr.
Rose_ the Apothecary for his directions and medicines, in order for my
cure; had his advice and medicines from him a year together: But was
so far from being the better for them that I was in a worse condition
than when he first undertook me; and after a very expensive bill of
near £50. was forced to apply myself to the Dispensary at the College
of Physicians where I received my cure in about six weeks time, for
under forty shillings charge in medicines.” _See a Pamphlet published
on this case, London 1704, and other works mentioned in Gough’s
Topography._

Footnote 97:

It does not appear to have been made out in evidence that the constant
use and practice had been with the Apothecary, on the contrary, they
did not commence practice (except indeed the occasional sale of some
simple lozenge or electuary which was never objected to) till after
the great fire, when the known residences of the Physicians having
been destroyed, their patients were unable to find them, and
consequently resorted to the Apothecaries, whose open shops were a
sufficient guide to those who needed medical assistance. It is
probable also that some laxity arose during the preceding years in
which the Plague raged in London, for in times of emergency it would
be unreasonable to insist on restrictions which it might be impossible
and inhuman to enforce. (_Merett’s Short view of Frauds & Abuses,
A.D._ 1699).

Footnote 98:

The trial having taken place in the reign of Queen Anne we should have
written Queen’s Bench, but the title of the Court in common use is
perhaps best adapted to general comprehension.

Footnote 99:

It has been solemnly resolved, that _Mala Praxis_ is a great
misdemeanor and offence at common law. 3 _Bl. Com._ 122: 1 Lord
_Raym._ 214.; an act of grace will include _Mala Praxis_; for the
remedy of the injured party by Action on the Case, _vide post_.

Footnote 100:

See also 1 Lord _Raym_ 454. same Case: _Carth_ 421. 491: _Salk_ 144.
200. 263.

Footnote 101:

But query, as this protecting section has expired, are Patent
Medicines now exempted from the examination of the Censors?

Footnote 102:

Modes of election, unless specially pointed out by Statute or Charter,
must depend on Bye-laws and usage. See _the King and the
Vice-Chancellor of Cambridge_, _ubi supra_, and many other cases of
Corporations. The Power of amotion or expulsion is also incident to
most Corporate Bodies. See _Rex_ v. _the Mayor, Burgesses and Common
Council of Liverpool_, 2 _Burr. R._ 724: _Rex_ v. _Richardson_, 1
_Burr. R._ 517. We do not find that the College has ever been
compelled to execute this painful duty.

Footnote 103:

We adopt the apology of the learned reporter both in words and
substance; for we are well aware that many of our readers must be
heartily tired of this long detail of litigations, which, as we hope,
are not again to be required as precedents; yet we have deemed it
necessary to give this account of the powers and privileges of those
Corporate Bodies, to whom we must at least look for the elucidation of
the medical branches of jurisprudence, and from whom we might expect
the best execution of the laws respecting the public health, should
they ever be in this, as they have been in most other countries,
reduced to a regular system of Medical Police.

Footnote 104:

It is said that the College have determined not to interfere for the
future with the licensing of Midwives; the policy of this resolution
is very questionable, for the examination and licensing of persons in
all branches of medicine is a public duty imposed upon them, which
they are not at liberty to abandon or execute at their pleasure. It
may be urged that this branch is rather Surgery than Physic; but as
the College have once assumed the jurisdiction, it is doubtful whether
they ought to relinquish it. The Surgeons might also disavow their
obstetric brethren, and then the matter must revert, as of old, to the
Bishops, who cannot be supposed to be the most competent judges of the
necessary qualifications. Archbishop _Abbot_, a very conscientious
divine, on a somewhat similar occasion, said “he knew not well how
children were made,” and begged time to inform himself on the subject.

Footnote 105:

A writ of certiorari will also be granted on occasion directed to the
College. 2 _Hawk._ 406.

Footnote 106:

The unprofessional reader will infer from the rank of the Counsel the
importance which was attached to the case; and from their proved
ability, that its merits were fully before the Court.

Footnote 107:

For which, at greater length, as also for the arguments of the other
Judges, see 4 _Burr._ 2195.

Footnote 108:

A Fellowship is not in itself an office. _Carth._ 478.

Footnote 109:

Query of the Pope and Archbishop of Canterbury _inter alia_? _Vide
ante._

Footnote 110:

And in midwifery it is desirable that the practice may be revived.

Footnote 111:

A limited license had been granted to one _Shepheard_ to practise upon
Madmen, but with a proviso that a physician should also be called.
Being summoned to answer a breach of this limitation, he appeared and
submitted to the College censure. _Goodall_ 466.

Footnote 112:

This prophesy, like many others, was the cause of its own fulfilment,
as will be seen in the sequel. Lord _Kenyon_ in Doctor _Stanger’s_
case took occasion to lament that it had been made.

Footnote 113:

At the conclusion of all these arguments Lord _Mansfield_ was at great
pains to impress upon the College the propriety of enlarging their
rules for admission; some alterations consequently were made; but it
is more than doubtful whether they have yet satisfied the views of
those who would have placed all the colleges of the empire on the same
footing as the universities of Oxford and Cambridge, in respect of
their prior claims to the honours of the College of Physicians.

Footnote 114:

For some controversial observations on this case see Doctor _Wells’_
letter to Lord _Kenyon_ in his published works.

Footnote 115:

This class was very properly introduced to place the bachelors of
Oxford and Cambridge on an equal footing, in certain respects, with
the doctors of foreign universities. At Edinburgh a doctor’s degree
may be attained in three years, while in England the bachelor’s degree
requires five, and the Doctor’s twelve years standing.

We have purposely avoided any discussion on the subject of the
Pharmacopœias which have from time to time been published by the
authority of the College; the propriety of forming one standard for
medical preparations cannot be doubted, and it is equally indisputable
that the College have, both by Charter and acts of Parliament, full
power to enforce their regulations; in order to give greater publicity
to which, His late Majesty in Council was pleased to issue a Royal
Proclamation (for which see Appendix) commanding all persons to
observe and obey the directions contained in the _Pharmacopœia
Londinensis_ of 1819. Technical objections from time to time have been
raised against some of the directions of this work; as it would not
fall within our limits or intention to canvass these questions, we
shall content ourselves for the present with hinting that an extension
rather than a diminution of this power is to be wished, and that the
three kingdoms should be united in one general form of medical
practice.

Footnote 116:

_Vide Post._ p. 72.

Footnote 117:

The Statute of 32nd _Hen._ 8. _c._ 42. continues in force as to the
Barbers, notwithstanding that of 18 _Geo._ 2. _c._ 15. which separates
them from the Surgeons. See _Sharpe qui tam agst. Law_ 4. _Burr._
2133.

Footnote 118:

This prohibition under the Letters Patent could have no force till
confirmed by Act of Parliament.

Footnote 119:

The munificence of Parliament has been displayed towards this
Corporation in the purchase and grant of the Hunterian Collection at
the price of £15,000; and in the vote of £25,000 more towards the
building of the College and Museum in Lincoln’s-inn-fields.

Footnote 120:

The reader will find much curious and learned research upon the origin
and history of Apothecaries, in _Beckmann’s History of Inventions_,
_vol._ 2. p. 127.

The word _Apothecary_ originally signified any proprietor, or keeper
of store, magazine, or warehouse, (απο τίθημι, _to put off_.) See
_Glossarium Manuale_, _vol._ 1. p. 298. From the word _Apotheca_, the
Italians have made _Boteca_, and the French _Boutique_. It would
therefore be a great error to consider the term _Apothecarius_, as it
is met with in the writings of the thirteenth and fourteenth
centuries, as denoting a character similar to the Apothecary of the
present day. As we learn from the writings of Hippocrates,
Theophrastus, Galen, and other authors, that the Greek and Roman
Physicians prepared their own medicines, it is evident that in those
times the office of the Apothecary was quite unnecessary; the
medicinal herbs were purchased of dealers, who after a time very
naturally professed a knowledge of the medical properties of the
articles which they sold, and accordingly began to deal in compound
remedies, and to boast of various nostrums; such were the PIGMENTARII,
SEPLASIARII, PHARMACOPOLÆ, and MEDICAMENTARII, of whom we read in
ancient authors. That the Pigmentarii dealt in medicines is proved by
the law which established a punishment for such as sold poison, to any
person, through mistake, viz. “_Alio Senatus consulto effectum est, ut
PIGMENTARII, si cui temere Cicutam, Salamandram, Aconitum —— —— —— et
id quod lustramenti causa dederint Cantharidas pœna teneantur hujus
legis._” Digest. Lib. xlviii. Tit. 8.33. These Seplasiarii appear to
have latterly assumed the office of Apothecary, for Pliny (Lib. xxxiv.
c. 11.) reproaches the Physicians for not making up their own
medicines instead of trusting to these persons. That the PHARMACOPOLÆ
carried on the same trade appears evident from their name; but no one
seems to have placed any confidence in them; on the contrary, they
were despised for their impudent boasting, and the extravagant praise
which they bestowed upon their commodities. Μειμειταὶ που καὶ
φαρμακοπωλης ἰατρον. “_Pharmacopola imitatur Medicum, Sophista
Philosophum, Sycophanta Oratorem._” (_Maximus Tyrius, Dissert. x._ p.
121.) and again, “_Itaque auditis, non auscultatis, tanquam
Pharmacopolam; nam ejus verba audiuntur, verum ei se nemo committit,
si æger est._” (_Cato in Aulum Gellium_, _Lib._ 1. _c._ 15.) From
these words it appears that the _Pharmacopolæ_, even in those days,
attempted to practise Physic. Dr. Mohsen, quoting from Anderson
(_Geschichte des Handels_ ii. p. 365.) says, that king Edward III. in
the year 1345, gave a pension of Sixpence per diem, to one Coursus de
Gangeland, an Apothecary in London, _for taking care of, and attending
his Majesty, during his illness in Scotland_, and this is the first
mention of an Apothecary in the Fœdera. The first legal establishment,
however, of such a class as Apothecaries, may be dated from the well
known Medicine Edict (see _Lindenbrogii Codex Legum Antiquarum_.
_Francof._ 1613. _Fol._ p. 809.) of the Emperor Frederic II, issued
for the kingdom of Naples, by which it is required that the
CONFECTIONARII should take an oath to keep by them fresh and
sufficient drugs, and to make up medicines according to the
prescriptions of the Physicians.

Footnote 121:

This Charter is stated in the preamble of the 55th _Geo_ 3, c. 194, to
have been in the 15th of _James_.

Footnote 122:

As are also 114 persons who were the first members.

Footnote 123:

See _Goodall_, 439. 466.

Footnote 124:

This proviso was not necessary, for the Charter could in no way alter
the authority given by an Act of Parliament.

Certain Apothecaries, and with some reason, object to this power; for
as the Apothecaries Company have erected an extensive establishment
for the sale and preparation of drugs and medicines, the private
Apothecaries deem it unjust, that their competitors in Trade should be
made the judges of the quality of the very articles in which both
deal; the public, on the contrary, derive considerable benefit from
the circumstance, as the lynx-eyed jealousy of rivals is added to
other inducements of the public body to do its duty, and of the
private individuals to expose their errors if they deviate from it:
under such circumstances however the Society of Apothecaries ought not
to have an absolute power of condemnation; an appeal should be allowed
to the Censors of the College of Physicians, or some other authority
competent to the decision of such cases.

Footnote 125:

The words, or party agrieved, might have been properly inserted: as
the act stands the patient has no remedy, if the Physician refuse to
complain.

Footnote 126:

The latitude of the conclusion as to renewal of certificates, in some
degree cures and compensates the otherwise extreme severity of this
clause, yet the jurisdiction might have been better given than to any
Justice of the Peace; how such Magistrate, ignorant of medicine or
chemistry, is to judge of the improper mixing or compounding of
medicines, we do not pretend to anticipate, still less how he is to
determine what shall be taken as a satisfactory reason, excuse, or
justification. The most probable offence, to be committed in the
country against this clause, will be, by substitution of cheap for
expensive drugs; this is a very ordinary mal-practice which ought to
be checked, but if the apothecary have not the expensive drug by some
excusable accident, and then substitute another of equal efficacy, he
would be held excusable in a case of emergency, by any medical
authority competent to judge of the merits of the case; this an
ordinary Justice of the Peace evidently cannot be.

Footnote 127:

Quakers to affirm.

Footnote 128:

Query whether the better policy would not have been, to have subjected
_all_ persons to examination; a lad may be very stupid and dangerously
ignorant even after five years practice in a remote village.

Footnote 129:

These five should also have had the power of searching drugs, &c.
under certain restriction, as calling to their assistance one member
at least of the College of Physicians, or any Licentiate or regular
Graduate being a justice of the peace. It is in the country that the
worst drugs, &c. are most likely to be found.

Footnote 130:

An appeal to the President and Censors of the College of Physicians
might have been a salutary check on this power of rejection.

Footnote 131:

We do not understand the policy of the exemption: it is surely as
necessary to defend the public from unwholesome drugs, &c. whether
sold by wholesale or retail, whether bought of a chemist or an
apothecary. The censors of the college of physicians may search
chemists and druggists wares in London, but as they have no power in
the country, this point requires future consideration; for as
prescriptions are now very generally prepared by persons who are
nominally chemists, though in fact they exercise the ancient business
of apothecaries, the public are as deeply interested in the goodness
of the drugs kept by the one as by the other.

Footnote 132:

“Memoirs historical and illustrative of the botanic garden at Chelsea,
belonging to the Society of Apothecaries of London.”—London, 1820.
This memoir was printed at the expense of the society, for
distribution amongst its members.

Footnote 133:

The most important covenants contained in this conveyance, are the
following, viz.

The release is dated on the 20th of February, 1721, and is made
between the Honorable Sir Hans Sloane Baronet, President of the Royal
College of Physicians, on the one part, and the Master, Wardens and
Society of the art and mystery of Apothecaries of the City of London,
on the other part. It recites the original lease from Lord Cheyne, and
also the great expense which the society had incurred, in furnishing
and carrying on the garden, as a physic garden, ever since that lease
was granted. It states, that the fee and inheritance of the ground and
premises were then vested in Sir Hans Sloane and his heirs. It further
declares, that to the end the said garden may at all times hereafter
be continued as a physic garden, and for the better encouraging and
enabling the said Society to support the charge thereof, for the
manifestation of the power, wisdom, and glory of God in the works of
the creation, and that their apprentices and others may better
distinguish good and useful plants, from those that bear resemblance
to them, yet are hurtful, and other the like good purposes; the said
Sir Hans Sloane, grants, releases and confirms unto the said Master,
Wardens and Society, and their successors, all that piece or parcel of
arable and pasture ground, situate at Chelsea in the County of
Middlesex, at that time in their possession, containing three acres,
one rood, and thirty-five perches, with the green-house, stores,
barge-houses, and other erections thereon, to have and to hold the
same for ever, paying to Sir Hans Sloane, his heirs and assigns, the
yearly rent of £5, and rendering yearly to the President, Council and
Fellows of the Royal Society of London, fifty specimens of distinct
plants, well dried and preserved, which grew in their garden the same
year, with their names or reputed names; and those presented in each
year to be specifically different from every former year, until the
number of two thousand shall have been delivered.[134] It is further
provided, that if these conditions be not fulfilled, or if the society
shall at any time convert the garden into buildings for habitations,
or to any other uses, save such as are necessary for a physic garden,
for the culture, planting and preserving of trees, plants and flowers,
and such like purposes; then it shall be lawful for Sir Hans Sloane,
his heirs and assigns, to enter upon the premises, and to hold the
same for the use and benefit, and in trust for the said President,
Council, and Fellows of the Royal Society, subject to the same rent,
and to the delivery of specimens of plants, as above mentioned to the
President of the College, or Commonalty or Faculty of Physic in
London; and in case the Royal Society shall refuse to comply with
these conditions, then in trust for the President and College of
Physicians of London, subject to the same conditions as the Society of
Apothecaries were originally charged with.

Power is also reserved for the President, or Vice President of the
Royal College of Physicians, once or oftener in every year, to visit
the said garden, and examine if the conditions above specified are
duly observed and complied with.

Footnote 134:

This condition has been long since fulfilled. By an extract from the
minutes of the Royal Society, it would appear that the last
presentation of Plants took place on the 17th of February, 1774, being
the 51st annual presentation, amounting in all to 2550 plants.

Footnote 135:

If however a gentleman of quality, or a physician, officer, &c. be
chosen constable, where there are sufficient persons beside, and no
special custom concerning it; it is said such person may be relieved
in B. R. 2 _Hawk. P. C._ 100. _Jac. L. Dict. tit._ Constable. As to
Surgeons see _The King v. Pond. Comyns R._ 312: 2 _Kebl._ 578. 1
_Syd._ 431: 1 _Mod._ 22.

Footnote 136:

But a Physician in the country, though a Fellow of the College, may be
chosen, 2 _Keb._ 578; 1 _Mod._, 22.; 1 _Keb._ 439; 2 _Hawk._ 100; 1
_Sid._ 431; 2 _Keb._ 578; 2 _Hale_ 100; _Com. Dig. tit._ Physician.
For Surgeons see 18 _Geo._ 2. _c._ 15. §. 10; 2 _Hawk. Pl._ 101; 5
_Hen._ 8. _c._ 6; 1 _Burn._ 387. For Apothecaries 6 _Will._ 3. _c._ 4;
9 _Geo._ 1. _c._ 8. §. 1. See also the Charters. _Comyns_ Rep. 312.

Footnote 137:

In one point counsel have an advantage over physicians in respect of
their fees; the attorney or solicitor who can recover his costs at
law, is an intermediate agent and he is held professionally liable to
the counsel for their payment; and if the attorney have received his
costs from his client (including fees) it would appear that the
counsel might recover in an action for money had and received to his
use. It is to the honor of the profession that we should find no
decided case on the subject.

Footnote 138:

A barrister cannot maintain an action for his fees. Chan. Rep. 38.

Footnote 139:

3 Bl. Com. 28. Taciti An. 1. 11.

Footnote 140:

See _Law_ v. _Hodgson_, 2 _Camp._ 147. _Johnson and others_ v.
_Hudson_, 11 _East_ 180, and cases cited there. The unprofessional
reader must observe that there is considerable difference between the
authority of cases determined at _Nisi Prius_, which are decided by a
single Judge, and those argued in banco, which are resolved by all the
four Justices of that Court in which the action may have been brought.

Footnote 141:

So also if a Farrier kills a horse or pricks him in shoeing; or if he
refuse to shoe him whereby he is lamed, _Bull. N. P._ 73, and of
trades generally, as, action against a Barber for barbing the
plaintiff, _negligenter et inartificialiter_. 2 _Bulst._ 333; I _Danv.
Ab._ 177; see also 2 _Bl. Com._ 163.

Footnote 142:

This case is recent, but we believe not reported. The plaintiff was a
respectable artisan, and had been employed as engineer and
brass-founder in a large manufactory in the city, and by his industry
was enabled to earn about four guineas per week; the plaintiff’s right
arm was dislocated by a fall from a gig. Mr. _Pettigrew_, the
defendant, was sent for, but being unable to attend from illness, his
assistant undertook the case, but conducted it so unskilfully, that
the plaintiff lost the use of his arm—DAMAGES £800.

Footnote 143:

For other provisions see the act itself. See also two reports from the
Select Committee of the House of Commons, on the state of disease and
condition of the labouring poor in Ireland. May 17 and June 7, 1819.

Footnote 144:

There is among the _Sloane_ manuscripts in the British Museum, a
complaint or remonstrance that the buildings had been appropriated to
other purposes than those intended by their pious and benevolent
founder.

Footnote 145:

For the regulations in the time of the Plague during the reign of
_Elizabeth_, see 2 _Stowe b._ 5. _p._ 450.

Footnote 146:

The case of the _King v. Taunton_, in the King’s Bench, was to this
effect. Mr. _Taunton_ vaccinated his own children, was one of the
first subscribers to the London Vaccine Institution, and has been
constantly on the Board of Managers of that charity. At the same time
he felt it his duty to inoculate such for the Smallpox, who through
prejudice, or otherwise, refused vaccination. Many of the poor who
applied for gratuitous advice, applied also for inoculation for the
Cowpox, and some for the Smallpox.

On the 19th June, Mr. _Taunton_ was arrested on the Lord Chief
Justice’s warrant. He gave bail, and directed his attorneys to defend
the cause, which was to have been tried on Friday, December 8th, in
the Court of King’s Bench, where Mr. _Taunton_ attended with his
witnesses. Sir _William Garrow_, the Attorney General, and counsel for
the plaintiff, stated to the Court, that he should not proceed in the
present case, as he learnt that the defendant had given notice, with
every inoculation, not to expose their children while the disease was
out.

“God forbid,” said he, “that those who have the Smallpox should not be
attended in their own houses by any person they choose; but they must
not be carried about the street to the destruction of others.”

Mr. _Justice Bayley_.—“I hope it is sufficiently notorious, that the
causing persons to pass through the streets, who may have that
disorder upon them, although they are going for medical advice to some
person in whom they may have confidence, is an indictable offence; and
if that person, instead of attending them at their own houses, as he
might do, chooses to direct that they shall, from time to time, be
brought, or come to him, there is no question that he is liable to an
indictment.”

Mr. _Attorney General_.—“The few sentences that your lordship has
pronounced now, are of the last importance to the community.”

Mr. _Justice Bayley_.—“Mr. _Taunton_ should intimate that he is ready
to attend those persons at their own houses.”

Mr. _Pollock_.—“I understand that is part of the notice, that he is
willing to attend such patients at their own houses.”

Footnote 147:

The rise, progress, decline, and cessation, of particular diseases,
forms a curious and useful study to the medical jurist: since the laws
and habits of mankind will thereby be found to possess more
considerable influence on the health and physical strength of a
people, than is generally supposed. See _Observations on the Increase
and Decrease of different Diseases, by W. Heberden, jun. M.D. F.R.S.
London_ 1801. The gradual decline of the Dysentery in this country is
a remarkable proof of the benefits which have ensued from our
improvements with respect to diet, cleanliness, and ventilation.

The long list of chronic diseases with which our nosology abounds is
totally unknown to barbarous nations, and seem to be the natural
consequences of arts and civilization; as these again shoot up into
luxury and intemperance, their effects may well be expected to become
proportionally more conspicuous. Dr. _Rush_ of Philadelphia has
reported, with respect to the uncultivated nations of North America,
that Fevers, Inflammations, and Dysenteries make up the sum of their
complaints, and he remarks, in particular, that after much inquiry, he
had not been able to find a single instance of madness, melancholy, or
fatuity among them. (_Medical Enquiries and Observations by B. M.
Rush, vol. 1. p. 25._) In a subsequent part of his work, the same
author, speaking of the pulmonary consumption, declares it to be
unknown among the Indians of North America (_vol. 1. p. 159_). Mr.
_Park_, in his account of the interior of Africa, says, that
notwithstanding longevity is uncommon among the Negroes, their
diseases appear to be but few; fever and fluxes being the most common,
and the most fatal.

Footnote 148:

The curious reader will not be at a loss to trace the ancient
patronage and jurisdiction of the Bishop of Winchester; suppressed
among other ecclesiastical establishments, by _Henry_ the 8th.

Footnote 149:

_See part 3._ No sufficient provision is yet made for the speedy
removal of prisoners from infected jails; the case hereafter quoted
shows that the Crown has an authority on this subject.

Footnote 150:

During the progress of this work we have seen a fatal instance of a
child sacrificed to the dirty and penurious system of one of the
_very_ cheap schools of the north of England. The author was called in
to his assistance on the child’s arrival in town, but he expired a few
hours afterwards.

Footnote 151:

Case of the Salt Duties with proofs and illustrations, by _Sir Thomas
Bernard_, Bart. London, 1817.

Footnote 152:

In examining the history of Burial in remote ages, we shall find that
both among the Jews and Heathens, _the place of interment was usually
without the city_. Such was the case with the Athenians, the
Smyrnæans, the Sicyonians, the Corinthians, and the Syracusans. The
examples of _Numa_ and _Servius Tullus_ prove, that the Romans
deposited their dead _without_ the city before the introduction of the
twelve tables, which prohibited _burning_ as well as _burial_ within
its precincts. The _Lacedæmonians_ afford an exception to this general
custom; it had been a notion universally prevalent, that the touch of
a dead body conveyed pollution; and _Lycurgus_, the legislator of
Sparta, being anxious to remove the prejudice, introduced the custom
of burial within the city. Among the primitive Christians, burying in
cities and churches was not allowed for several centuries, and
_Theodosius_, after the triumph and establishment of Christianity,
renewed the prohibition upon the old and reasonable ground that graves
_within_ the city were detrimental to the health of the living, and it
was ordered that any person who should disobey this law was to forfeit
the third part of his patrimony; and that the undertaker who directed
a funeral contrary to the prohibition was to be fined forty pounds in
gold. The learned _Bingham_, in his _Antiquities of the Church_, has
traced the gradual introduction the odious custom of burying in
churches. It was from the idea of the protection which would be
afforded by consecrated ground, baptized bells, and relics, that
bodies were first interred in the vicinity of the church: to this
superstition we may ascribe the origin of church-yards, which took
place in the eighth century. The reason alleged by _Gregory_ the Great
for burying in churches, or in places adjoining to them, was that
their relations and friends, remembering those whose sepulchres they
beheld, might thereby be led to offer up prayers for them; and this
reason was afterwards transferred into the body of the canon law. The
practice thus introduced into the Romish church by _Gregory_, was
brought over here by _Cuthbert_, Archbishop of Canterbury, about the
year 750: and the practice of erecting vaults in chancels and under
the altars was begun by _Lanfranc_, Archbishop of Canterbury, when he
had rebuilt the cathedral about 1075. Since this period many
enactments have been made in different countries to abolish so foul a
custom.

Footnote 153:

It is notorious that there are many church-yards in which the soil has
been raised several feet above the level of the adjoining street, by
the accumulated remains of mortality; and there are others, in which
the ground is actually probed with a borer before a grave is opened.
The Commissioners for the improvements in Westminster, reported to
Parliament in 1814, that St. Margaret’s church-yard could not
consistently with the health of the neighbourhood be used much longer
as a burial ground, “_for that it was with the greatest difficulty a
vacant place could at any time be found for strangers; that the family
graves generally would not admit of more than one interment, and that
many of them were then too full for the reception of any member of the
family to which they belonged_.”

Many examples might be adduced of overloaded church-yards and burial
grounds, which have become if not serious nuisances to the health of
their neighbourhood, at least highly offensive to comfort and decency.
There is one instance in our sister kingdom so flagrant, that we
cannot omit noticing it, in the hope that attention may be drawn to
this and similar inconveniencies. There is a burial ground at the back
of Kilmainham hospital (and consequently under the immediate view of
the Commander and Adjutant-General of the Forces), so disproportioned
to the number interred in it, that the older coffins are frequently
broken and the undecomposed limbs constantly thrown on the surface, to
make room for new tenants of this human soil; yet after heavy showers,
the earth being washed away, the lids of coffins may be plainly
discerned, so slight is the covering which can be afforded them.
Immediately below the rising ground on which this cemetery is situated
are the Island Bridge Barracks for the Artillery, the wells of which
must of necessity be filled with the filtrations from the putrid mass
above them. One at least of the principal Tanks at Gibraltar was
similarly situated. The present Lieutenant Governor, Sir George _Don_,
among the numerous improvements in the regulation of cleanliness and
ventilation which he has introduced on the rock, has converted the
burial ground into a public garden; to this, among his other measures,
the garrison may owe some future exemptions from the diseases which
have so often afflicted them.

Footnote 154:

We learn from _Cicero_ (_De Leg._ ii. 22), that of the various modes
of disposing of the dead body, _inhumation_ was the most ancient:
_burning_ and inclosing the remains in urns, were perhaps never found
expedient until national animosities had given rise to inhuman
treatment of the dead. The Egyptians, as they held it unlawful to
expose the bodies of the dead to animals, embalmed them, lest after
interment they might become the prey of worms (_Herod. Thalia_, xvi.);
and their mummies remain to this day a lasting satire upon that folly
which “contends against corruption, and will not allow the grave its
victory.” The custom of _burning_ the dead is of higher antiquity than
we may have at first been led to suppose; _Saul_ was burnt at Jabesh,
and his bones afterwards buried; and _Asa_ was burnt in the bed which
he had made for himself, filled with sweet odours, and divers kinds of
spices: but this custom must of necessity have been limited by the
quantity of fuel required for the purpose. It may be worthy notice,
that according to Mr. _Ward_, the Missionary, who had opportunities of
ascertaining the fact in India, the smallest quantity of wood which is
sufficient to consume a human body is about three hundred weight.

Footnote 155:

_Tractatus de Peste, Lib._ i. _cap._ viii. _p._ 41.

Footnote 156:

_An Essay on the Disease called_ YELLOW FEVER. London 1811.

Footnote 157:

In less than 30 years, more than 90,000 corpses had been deposited
here by the last grave digger!

Footnote 158:

See _Mémoires de la Société Royale de Médecine, tom_ viii _p._ 242;
also _Annales de Chimie_, tom v p. 158.

Footnote 159:

_Journal de Physique_, 1791 p. 253.

Footnote 160:

See _Annales de Chimie_, vol. iii, p. 120-v, 154-vii, 146-viii, 17;
also _Phil. Trans._ vol. lxxxiv. p. 169.

Footnote 161:

The gases produced by putrefaction, are Carbonic acid, Carburetted
Hydrogen, Sulphuretted and Phosphuretted Hydrogen, and Ammonia; the
most deleterious of which are the compound gases of Hydrogen.

Footnote 162:

_Chaptal’s Elem. of Chem._ vol. iii.

Footnote 163:

_On Lazarettos_, p. 25.

Footnote 164:

See _Burns’s Ecclesiastical Law_. _Tit. Burial. Watson’s Clergyman’s
Law—Gibson—Lindwood._

Footnote 165: