Chapter XXVIII: Book XI

CONCERNING THE SICK AND THE DEAD, AND MERCHANTS WHO
COME FROM BEYOND SEAS.

TITLE I. CONCERNING PHYSICIANS AND SICK PERSONS.

=I.= _No Physician shall Presume to Bleed a Woman, in the
Absence of her Relatives._

=II.= _No Physician shall Visit Persons Confined in Prison._

=III.= _Where a Physician Treats Disease under a Contract._

=IV.= _Where a Sick Person Dies, while a Physician is Treating
him under a Contract._

=V.= _Where a Physician Removes a Cataract from the Eye._

=VI.= _Where a Freeman or a Slave Dies from Being Bled._

=VII.= _Concerning the Compensation to be Received for the
Instruction of a Student in Medicine._

=VIII.= _No Physician shall be Imprisoned without a Hearing._

=I. No Physician shall Presume to Bleed a Woman, in the Absence of her Relatives.=

No physician shall presume to bleed a freeborn woman without the presence of her father, mother, brother, son, uncle, or some other relative, except urgent necessity should demand it; and where it happens that none of the above-named persons can be present, the woman must be bled in the presence of respectable neighbors or slaves, of either sex, according to the nature of her illness. If a physician should do this without the presence of any of the aforesaid persons, he shall be compelled to pay ten _solidi_ to the husband or the relatives of said woman; for the reason that it is not at all improbable that, on such an occasion, wantonness may sometimes occur.[51]

=II. No Physician shall Visit Persons Confined in Prison.=

No physician shall presume to enter a prison when governors, tribunes, or deputies, are excluded therefrom, without being accompanied by the jailer, lest the prisoners, influenced by fear, may obtain from said physician the means wherewith to commit suicide; for should any poison be furnished or administered by physicians, under such circumstances, the course of justice would be greatly obstructed. Should any physician be guilty of this offence, he shall be liable to punishment for the same.

=III. Where a Physician Treats Disease under a Contract.=

Where any person demands that a physician treat him for disease, or cure his wound under a contract; after the physician has seen the wound, or diagnosed the disease, he may undertake the treatment of said sick person under such conditions as may be agreed upon, and set forth in an instrument in writing.

=IV. Where a Sick Person Dies, while a Physician is Treating him under a Contract.=

Where a physician undertakes the treatment of a sick person under a contract reduced to writing, he must restore said sick person to health; and, if the latter should die, the physician shall not be entitled to the compensation stipulated in said contract, and no liability shall attach to either of the parties to the same.

=V. Where a Physician Removes a Cataract from the Eye.=

Where a physician removes a cataract from the eye of any person, and restores the invalid to his former health, he shall be entitled to five _solidi_ for his services.

=VI. Where a Freeman or a Slave Dies from Being Bled.=

Where a physician bleeds a patient, and the latter is greatly weakened in consequence, said physician shall be compelled to pay him forty _solidi_. If the patient should die as the result of being bled, the physician shall be delivered up to the relatives of said patient, to be disposed of at their pleasure. Where the patient is a slave, and is seriously weakened, or dies, the physician must give his master another slave of equal value, in his stead.

=VII. Concerning the Compensation to be Received for the Instruction of a Student in Medicine.=

Where a physician receives a slave for the purpose of instruction in medicine, he shall be entitled to twelve _solidi_ by way of compensation.

=VIII. No Physician shall be Imprisoned without a Hearing.=

No physician shall be imprisoned without a hearing, except in case of homicide. Where he is charged with debt, he must provide a surety.

TITLE II. CONCERNING THOSE WHO DISTURB SEPULCHRES.

=I.= _Concerning Persons who Deface or Injure Tombs._

=II.= _Where a Coffin is Removed from a Grave._

=I. Concerning Persons who Deface or Injure Tombs.=

Where any person injures a tomb; or robs a corpse; or strips it of any ornaments or clothing; if he should be freeborn, he shall be compelled to pay a pound of gold to the heirs of the deceased, and to restore the stolen property. Where there are no heirs, he shall pay the above-named sum to the royal treasury, and shall receive in addition a hundred lashes. If a slave should commit this crime, he shall receive two hundred lashes; shall be put to death by fire; and whatever he stole shall be returned.

=II. Where a Coffin is Removed from a Grave.=

If anyone should steal the coffin of a dead person, for any purpose of his own, he shall be forced, by order of the judge, to pay twelve _solidi_ to the heirs of the deceased. If, however, a slave should commit this offence under the direction of his master, his master shall at once render satisfaction for his act. Should a slave do this of his own accord, he shall receive a hundred lashes, and shall restore to the place, and to the body of the deceased, whatever he took therefrom.

TITLE III. CONCERNING MERCHANTS WHO COME FROM BEYOND SEAS.

=I.= _Where Foreign Merchants are Detected Selling Stolen
Property._

=II.= _Foreign Merchants shall be Judged by their own
Magistrates, and According to their own Laws._

=III.= _Where a Foreign Merchant Carries Away with him, from
our Kingdom, a Person whom he has Hired._

=IV.= _Where a Foreign Merchant takes Away a Slave for Purposes
of Commerce._

=I. Where Foreign Merchants are Detected Selling Stolen Property.=

Where any foreign merchant sells gold, silver, clothing, or ornaments of any description, for a fair price, to any of our subjects, and said property should afterwards prove to have been stolen, the purchaser shall incur no liability therefor.

=II. Foreign Merchants shall be Judged by their own Magistrates, and According to their own Laws.=

When any legal cause of action arises between foreign merchants, it shall not be heard by any of our judges, but by their own, and it shall be decided according to their own laws.[52]

=III. Where a Foreign Merchant Carries Away with him, from our Kingdom, a Person whom he has Hired.=

No foreign merchant shall dare to remove, to his own country, a person hired by him, and who belongs to our kingdom. Whoever attempts to do so, shall pay a pound of gold to the royal treasury, and shall receive a hundred lashes in addition.

=IV. Where a Foreign Merchant takes Away a Slave for Purposes of Commerce.=

If any foreign merchant should take away with him, a slave belonging to our kingdom, for the purpose of conveying his merchandise, he shall pay three _solidi_ a year for his services; and, at the termination of his contract, shall restore said slave to his master.