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
The knowledge of _Forensic Medicine_, if not as ancient and universal as
the Institutes of Medical Police, may still boast of an early origin,
and a very extensive influence; thus in _Deuteronomy_[8] in cases of
doubtful virginity, the Elders are to be consulted, in order that they
may deliver their judgment from the physiological evidence of the case.
In ancient nations the assistance of the philosopher and physician was
universally required for the prevention, as well as detection of crime;
thus was _Archimedes_ consulted by the king of Sicily, when a workman
was suspected to have fraudulently alloyed the gold in his crown. The
Romans, especially in the reign of _Severus_, _Antonine_, _Adrian_, and
_Aurelius_, constructed several laws, and reformed some others, in
conformity with the sentiments inculcated in the works of _Hippocrates_
and _Aristotle_; the capital crime of procuring abortion was accordingly
limited to those cases wherein the fœtus exceeded forty days; and the
_Emperor Adrian_ passed a decree upon the subject of legitimacy, as
connected with the period of utero-gestation, according to the
physiological opinions with respect to the possibility of retarded
delivery;[9] while _Numa Pompilius_ prohibited the burial of a pregnant
woman, or of one supposed to be pregnant, until the fœtus should have
been extracted, or the state of the uterus ascertained by
dissection.[10].
The trials by ordeal in the dark ages of modern Europe, when the
decision of the most important questions was abandoned to chance or to
fraud, when carrying in the hand a piece of red hot iron, or plunging
the arm in boiling water,[11] was deemed a test of innocence, and a
painful or fraudulent experiment, supplanting a righteous award, might
consign to punishment the most innocent, or save from it the most
criminal of men, have ever been deemed a shocking singularity in the
institutions of our barbarous ancestors. We are ready to admit the
justice of this charge generally; and yet we fancy that, upon some
occasions we are enabled to discern through the dim mist of credulity
and ignorance, a ray of policy that may have been derived from the
dawning of a rude philosophy. Trials by ordeal, as we are informed by
Mr. _Mill_, hold a high rank in the institutes of the Hindus. It appears
that there are no less than nine different modes of trial, but that _by
water in which an idol has been washed_, and the one _by rice_, are
those which we shall select as well calculated to illustrate the
observations which we shall venture to offer. The first of these trials
consists in obliging the accused person to drink three draughts of the
water in which the images of the Sun and other deities have been washed;
and if within fourteen days he has any indisposition, his crime is
considered as proved. In the other species of ordeal alluded to, the
persons suspected of theft are each made to chew a quantity of dried
rice, and to throw it upon some leaves or bark of a tree; they, from
Public-domain text, read in full here on John Shaqi.
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