Those were the facts found by the jury who first heard the case. The College claimed a penalty of five pounds per month for the period during which Rose had thus practised. The Charter granted to the physicians in the tenth year of Henry VIII, and confirmed by an Act of Parliament passed in the fourteenth and fifteenth year of that reign, contained a clause forbidding any person not admitted by the College to practise the faculty of medicine in London or within seven miles thereof under a penalty of one hundred solidi for every month during which he should thus infringe the law.
The jury having found the facts already quoted, referred to the Court of Queen’s Bench the legal question whether the acts performed constituted the practice of medicine within the meaning of the Act. The case was argued three times in the Court of Queen’s Bench--(so it is stated in the report of the proceedings in the House of Lords),--and ultimately the judges decided unanimously in favour of the contention of the College. Thereupon, on behalf of Rose a writ of error was moved for in the House of Lords demanding a reversal of the judgment. The counsel who argued the appeal were S. Dodd for Rose, and F. Brown for the College. The case was heard on the 15th of March, 1703.
In support of the appeal it was argued that if the judgment were allowed to stand it would ruin not only Rose but all other apothecaries. That the Act was a very old one, and that the constant usage and practice ought to be taken into account. That if this judgment were right the apothecary would not dare to sell a few lozenges or a little electuary to any person asking for a remedy for a cold, or in other common cases where a medicine had a known and certain effect. That to give a monopoly in the treatment of disease to physicians would have most mischievous consequences; both rich and poor would be seriously taxed, and in the case of sudden accidents or illnesses in the night when apothecaries were so frequently sent for, the danger of not permitting them to supply the necessary medicine might often be most serious.
To these contentions the counsel for the College replied that by several orders physicians had bound themselves to attend the poor free, either at their own offices, or, if sent for, at the patient’s house. That out of consideration for the poor they had gone further by establishing Dispensaries where the medicines they prescribed could be obtained at not more than one-third of the price which the apothecaries had been in the habit of charging. That in sudden emergencies an apothecary or anyone else was justified in doing his best to relieve his neighbours, but that in London, at least, a skilled physician was as available as an apothecary, and that this emergency argument ought not to be used to permit apothecaries to undertake all sorts of serious diseases at their leisure. That there was nothing to prevent apothecaries selling whatever medicines they were asked for, but that to permit them to treat cases however slight involved both danger and expense, because a mistake made at the beginning of a distemper might lead to a long illness, and in any case the apothecary would charge for much more medicine than was necessary.
After hearing the arguments “it was ordered and adjudged that the judgment given in the Court of Queen’s Bench be reversed.”
THE APOTHECARIES AND THE CHEMISTS AND DRUGGISTS.
From this period the apothecaries became recognised medical practitioners, the Society granted medical diplomas, and a hundred years later (1815) they obtained an Act which gave them powers against other persons similar to those which the physicians thought they possessed against them. Persons not qualified by them were forbidden to “act or practise as apothecaries” under a penalty of £20; and the courts have held that to practise as an apothecary is to judge of internal disease by symptoms, and to supply medicine to cure that disease. The chemists and druggists who had largely succeeded to the old business of the apothecaries opposed this provision, and the apothecaries, to buy off their opposition, offered to insert a clause in their Act which would allow all persons who should at that time or thereafter carry on that business to do so “as fully and amply to all intents and purposes as they might have done in case this Act had not been made.” The chemists were not content with this provision, and drafted another which defined their business as consisting in the “buying, preparing, compounding, dispensing and vending drugs, and medicinal compounds, wholesale and retail.” The apothecaries accepted this alteration, and subsequently obtained penalties from chemists who had prescribed remedies for customers. Such prescribing would have been legal if the druggists had accepted the provision proposed by the apothecaries; but they had limited themselves out of it. In the actions which the Society of Apothecaries have brought against chemists the apothecaries have often reproduced with scrupulous fidelity the arguments used against themselves by the physicians in Rose’s case.
The Dispensaries established by the physicians were not long maintained, but apparently they provided the material of the modern chemist and druggist. “We have reason to believe,” writes Jacob Bell in his Historical Sketch of the Progress of Pharmacy in Great Britain, “that the Assistants employed and instructed by the Physicians at these institutions became dispensing chemists on their own account; and that some of the apothecaries who found their craft in danger followed the example, from which source we may date the origin of the chemists and druggists.”
In the course of the eighteenth century chemists and druggists had to a large extent replaced apothecaries as keepers of shops where medicines were sold and dispensed, and even when the businesses were owned by apothecaries, they usually styled themselves chemists and druggists. In the year 1841 an attempt was made to get a Bill through Parliament which would have made it penal to recommend any medicine for the sake of gain. The Bill was introduced by a Mr. Hawes, and the chemists and druggists of London opposed it with such vigour that it was ultimately withdrawn. In order to be prepared against future attacks the victorious chemists and druggists then formed the Pharmaceutical Society of Great Britain, which was incorporated by Royal Charter in 1842. An Act protecting the title of pharmaceutical chemist was passed in 1852, and in 1868 another Act, requiring all future chemists and druggists to pass examinations and be registered, and restricting to them the sale of poisons, became law.
MAGIC AND MEDICINE
“Amulets and things to be borne about I find prescribed, taxed by some, approved by others. Look for them in Mizaldus, Porta, Albertus, etc. A ring made with the hoof of an ass’s right forefoot, carried about, etc. I say, with Renodeus, they are not altogether to be rejected. Piony doth help epilepsies. Pretious stones most diseases. A wolf’s dung carried about helps the cholick. A spider an ague, etc. Such medicines are to be exploded that consist of words, characters, spells, and charms, which can do no good at all, but out of a strong conceit, as Pomponatious proves, or the devil’s policy, that is the first founder and teacher of them.” BURTON: “Anatomy of Melancholy.”
Charms, enchantments, amulets, incantations, talismans, phylacteries, and all the armoury of witchcraft and magic have been intimately mixed up with pharmacy and medicine in all countries and in all ages. The degradation of the Greek term pharmakeia from its original meaning of the art of preparing medicine to sorcery and poisoning is evidence of the prevalence of debasing superstitions in the practice of medicine among the cultivated Greeks. Hermes the Egyptian, Zoroaster the Persian, and Solomon the Hebrew were famous among the early practitioners and teachers of magic. These names served to conjure with. Those who bore them were probably wise men above the average who were above such tricks as were attributed to them. But it suited the purpose or the business of those who made their living out of the superstitions of the people to pretend to trace their practices to universally revered heroes of a dim past.
Not that the whole of the magical rites associated with the art of healing were based on conscious fraud. The beliefs of savage or untutored races in demons which cause diseases is natural, it may almost be said reasonable. What more natural when they see one of their tribe seized with an epileptic fit than to assume the presence of an invisible foe? Or if a contagious plague or small-pox or fever attacks their village, is it not an inevitable conclusion that angry spirits have attacked the tribe, perhaps for some unknown offence? From such a basis the idea of sacrifice to the avenging fiend follows obviously. In some parts of China if a person accidentally kicks a stone and soon afterwards falls ill the relatives go to that stone and offer fruit, wine, or other treasures, and it may be that the patient recovers. In that case the efficacy of the treatment is demonstrated, and only those who do not desire to believe will question it; if the patient should die the proof is not less conclusive of the demon’s malignity.
In some primitive peoples, among the New Zealand natives, for example, it is believed that a separate demon exists for each distinct disease; one for ague, one for epilepsy, one for toothache, and so forth. This too, seems reasonable. Each of those demons has something which will please or frighten him. So amulets, talismans, charms come into use. The North American Indians, however, generally attribute all disease to one evil spirit only. Consequently, their treatment of all complaints is the same.
EGYPTIAN, JEWISH, AND ARABIC MAGIC.
The Egyptians, according to Celsus, believed that there were thirty-six demons or divinities in the air, to each of whom was attributed a separate part or organ of the human body. In the event of disease affecting one of these parts the priest-physician invoked the demon, calling him by his name, and requiring him in a special form of words to cure the afflicted part.
Solomon was credited among many Eastern people with having discovered many of the secrets of controlling diseases by magical processes. According to Josephus he composed and bequeathed to posterity a book of these magical secrets. Hezekiah is said to have suppressed this work because it was leading the people to pray to other powers than Jehovah. But some of the secrets of Solomon were handed down in certain families by tradition. Josephus relates that a certain Jew named Eleazor drew a demon from the nose of a possessed person in the presence of the Emperor Vespasian and a number of Roman officers, by the aid of a magic ring and a form of invocation. In order to prove that the demon thus expelled had a real separate existence, he ordered it to upset a vessel of water which stood on the floor. This was done. Books professing to give Solomon’s secrets were not uncommon among Christians as well as Jews. Goethe alluded to such a treatise in “Faust” in the line
Für solche halbe Höllenbrut, Ist Salomoni’s Schlüssel gut.
Throughout their history the Jewish people have studied and practised magic as a means of healing. According to the Book of Enoch the daughters of men were instructed in “incantations, exorcisms, and the cutting of roots” by the sons of God who came to earth and associated with them. The Greeks and Romans always held Jewish sorcery in the highest esteem, and the Arabs accepted their teaching with implicit confidence. The Talmud is full of magical formulas, and the Kaballah, a mystic theosophy which combined Israelitish traditions with Alexandrian philosophy, and began to be known about the tenth century, was unquestionably the foundation of the sophistry of Paracelsus and his followers.
In the Middle Ages, and in some communities until quite recent times, belief in the occult powers of Jews, which they had themselves inculcated, was firm and universal, and became the reason, or at least the excuse, for much of the persecution they had to suffer. For the punishment of sorcery and witchcraft was not based on a belief that fraud had been practised, but resulted from a conviction of the terrible truth of the claims which had been put forward.
The Jews of Western Europe have lost or abandoned many of the traditional practices which have been associated with their popular medicines from time immemorial. But in the East, especially in Turkey and Syria, quaint prayers and antiquated materia medica are still associated as they were in the days of the Babylonian captivity. Dogs’ livers, earthworms, hares’ feet, live ants, human bones, doves’ dung, wolves’ entrails, and powdered mummy still rank high as remedies, while for patients who can afford it such precious products as dew from Mount Carmel are prescribed. Invocations, prayers, and superstitious practices form the stock in trade of the “Gabbetes,” generally elderly persons who attend on the sick. They have a multitude of infallible cures in their repertoires. Powdered, freshly roasted earthworms in wine, or live grasshoppers in water, are given by them for biliousness. For bronchial complaints they write some Hebrew letters on a new plate, wash it off with wine, add three grains of a citron which has been used at the Tabernacle festival, and give this as a draught. Dogs’ excrements made up with honey form a poultice for sore eyes, mummy or human bones ground up with honey is a precious tonic, and wolves’ liver is a cure for fits. But the administration of these remedies must be accompanied by the necessary invocation, generally to the names of patriarchs, angels, or prophets, but often mere gibberish, such as “Adar, gar, vedar, gar,” which is the formula for use with a toothache remedy.
The phylacteries still worn by modern Jews at certain parts of their services, now perhaps by most of them only in accordance with inveterate custom, have been in all ages esteemed by them as protecting them against evil and demoniac influences. They are leathern receptacles, which they bind on their left arms and on their foreheads in literal obedience to the Mosaic instructions in the passages transcribed, and contained in the cases, from Exodus c. 13, v. 1-10, and c. 13, v. 11-16, Deuteronomy c. 6, v. 4-9, and c. 9, v. 13-21. To a modern reader these passages appear to protest against superstitions and heathenish beliefs and practices, but the rabbis and scribes taught that these and the mesuza, the similar passages affixed to the doorposts, would avert physical and spiritual dangers, and they invented minute instructions for the preparation of the inscriptions. A scribe, for example, who had commenced to write one of the passages, was not to allow himself to be interrupted by any human distraction, not even if the king asked him a question.
All the eastern nations trusted largely to amulets of various kinds for the prevention and treatment of disease. Galen quotes from Nechepsus, an Egyptian king, who lived about 630 B.C., who wrote that a green jasper cut in the form of a dragon surrounded by rays, applied externally would cure indigestion and strengthen the stomach. Among the books attributed to Hermes was one entitled “The Thirty-six Herbs Sacred to Horoscopes.” Of this book Galen says it is only a waste of time to read it. The title, however, as Leclerc has pointed out, rather curiously confirms the statement attributed to Celsus which is found in Origen’s treatise, “Contra Celsum,” to which allusion has already been made.
Amulets are still in general use in the East. Bertherand in “Medicine of the Arabs” says the uneducated Arab of to-day when he has anything the matter with him goes to his priest and pays him a fee for which the priest gives him a little paper about two inches square on which certain phrases are written. This is put up in a leathern case, and worn as near the affected part as is possible. The richer Arab women wear silver cases with texts from the Koran in them. But it is essential that the paper must have been written on a Friday, a little before sunset, and with ink in which myrrh and saffron have been dissolved.
In the Third Report of the Wellcome Research Laboratories at the Gordon Memorial College, Khartoum (London: Baillière, Tindall, & Cox, 1908), Dr. R. G. Anderson writes an interesting chapter on the medical superstitions of the people of Kordofan, and gives a number of illustrations of amulets and written charms actually in use by the Arabs of that country. “To the native,” says Dr. Anderson, “no process is too absurd for belief, and often, within his limits, no price too high to accomplish a cure.” Most of them wear talismans of some kind. Some of them spend a great part of their scanty earnings on charms to cure some chronic disease, stone in the bladder, for example. The son of the late Mahdi presented to Dr. Anderson a charm which his father wore round the arm above the elbow, designed against evil spirits and the evil eye. It consisted of a square case containing a written charm, and a bag filled with a preparation of roots. The charms worn by the natives generally consist of quotations from the Koran, often repeated many times and with signs of the great prophets interspersed. The principal of these signs are the following:--
The annexed illustration has been kindly lent by Mr. Wellcome (on behalf of the Gordon Memorial College) from the Report mentioned above. It represents a “Lohn,” or writing board on which Koranic phrases or mystic inscriptions have been written by Fikis (holy men). When the writing is dry it is washed off and the fluid is taken internally or applied externally.
THE ABRACADABRA MYSTERY.
Abracadabra was the most famous of the ancient charms or talismans employed in medicine. Its mystic meaning has been the subject of much ingenious investigation, but even its derivation has not been agreed upon. The first mention of the term is found in the poem “De Medicina Praecepta Saluberrima,” by Quintus Serenus Samonicus. Samonicus was a noted physician in Rome in the second and third centuries. He was a favourite with the Emperor Severus, and accompanied him in his expedition to Britain A.D. 208. Severus died at York in A.D. 211, and in the following year his son Caracalla had his brother Geta, and 20,000 other people supposed to be favourable to Geta’s claims, assassinated. Among the victims was Serenus Samonicus. The poem, which is the only existing work of Serenus, consists of 1,115 hexameter lines which illustrate the medical practice and superstitions of the period when it was written. The lines in which the word “Abracadabra,” and the way to employ it are introduced are these:--
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