Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
FERNELIUS is of opinion that old people beget weak and diseased
children, “_Senes et Valetudinarii imbecilles filios vitiosa
constitutione gignunt_.” PORTAL supports the same opinion, and thinks
that the older people are when they have children, the more likely they
are to have acquired imbecillity or disease, and to transmit the same to
their children, from whom they may become hereditary, (_Portal_, “_Sur
la nature et traitement de quelques maladies hereditaires ou de
famille_”). This is altogether a popular error; what innumerable
instances, says Dr. Adams, might be cited, in which the younger branch
of a family has revived its splendour, which had been decaying for a
succession of ages: the late Mr. Pitt was the youngest son, born when
his illustrious father was in the fifty-first year of his age.
OF DIVORCE OR NULLITY.
If either of the parties professing to contract marriage be at the time
defective in the points enumerated in the preceding section, it is a
good ground of divorce; but to establish such defect, and especially the
defect of corporeal ability, the strongest evidence must be
adduced,[256] not merely on the general maxim that the best possible
evidence which the case will allow must always be produced, but also as
the particular fact to be proved is or may be contrary to the general
order of nature, and therefore requires more than ordinary proof for its
establishment: to such points therefore the medical practitioner is
required to give his most sedulous attention, first to the question in
the abstract, contrasting his own experience with the opinions and
traditions which he may find upon the subject, and divesting his mind of
all speculative and theoretical doctrines which he does not find
supported by well authenticated facts; thus prepared his second object
will be an attentive, accurate, and scientific examination of the
immediate case in question. The defect may be mental[257] or corporeal;
thus it may proceed from antipathy to a particular woman, when it has
been called _impotentiam_ or _maleficium erga hanc_; this was the
alleged case of the Earl of Essex, in the time of _James_ the 1st; for
which see 1 _Harg. St. Tri._ 315: 2 _How. St. Tri._ 786.; and for the
very curious argument and narative of _Abbot_, Archbishop of Canterbury,
see 10 _Harg. St. Tri. Appendix_, p. 4. How far this case may be
depended on, except as a beacon to show us what we ought to avoid, may
be exceedingly doubtful. The character of the Lady Essex, afterward
infamous as Countess of Somerset for the murder of Sir _Thomas
Overbury_, may lead us to suspect every species of imposition and
falsehood. The Judges, according to the testimony of their coadjutor the
Archbishop, had predetermined to decide in favor of the divorce; no
sufficient evidence appears to have been required or received, and the
king, making himself at once the advocate and partisan of his unworthy
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