Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
During the period of about a thousand years, intervening between
the Justinian and Caroline (_vide infra_) codes, the advancement of
medicine and jurisprudence suffered almost complete arrest. The guilt
or innocence of an accused person was determined rather by his own
confession under torture, or by “the judgment of God” as shown by
ordeal or by judicial combat, than by testimony either expert or of
fact.
Even during the night of the Middle Ages, instances are recorded in
which the opinions of physicians were sought to determine questions of
fact in judicial proceedings.
In the duchy of Normandy, in 1207-45, the laws provided for the
examination of those claiming to be sick (to evade military service or
appeal to judicial duel), of persons killed, and of women.[26]
In a decretal of Innocent III., in 1209, the question whether a certain
wound was mortal was determined by physicians.[27]
There is extant in the statutes of the city of Bologna, under date of
1249, an entry to the effect that Hugo di Lucca had been assigned the
duty, when called upon by the podesta, and after having been sworn, to
furnish a true report in legal cases.[28]
In the kingdom of Jerusalem (_ca._ 1250) a person claiming exemption
from trial by battle because of sickness or of wounds was visited by
a physician (_fisicien au miége_) and a surgeon (_sérorgien_), who
examined him and made oath as to his condition.[29]
Sworn surgeons to the king are also mentioned in letters patent of
Philippe le Hardi in 1278, of Philippe le Bel in 1311, and of Jean II.
in 1352.[30] That of Philippe le Bel refers to Jean Pitardi as one of
“his well-beloved sworn surgeons in his Chastelet of Paris,” whose
functions are partly indicated by the extracts from the registers given
below.
Public-domain text, read in full here on John Shaqi.
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