Chirurgorum comes, or, The whole practice of chirurgery begun by the learned Dr. Read ; continued and completed by a Member of the College of physicians in London.

SECT. VI.

How it may be determined, whether a Man died of his Wound, or of some other cause?

THings being in this manner stated, it will be no great difficulty to deprehend, what I pro∣pounded in the beginning, i. e. Whether a man died of his Wound, or something else occa∣sioned his death? For if the Wound, under debate, be known to be mortal (whether of necessity, or for the most part it be such) without doubt the blame is to be laid on the Wound. If it be safe and without danger, the Man's death must be imputed to some∣thing else. But if Wounds be of the dangerous and middle sort; as they are of a doubtful nature, our judgment concerning them should be such: For if they be great, they themselves occasion death; if little, it must be im∣puted to something else. Thus therefore, if a great Wound be re∣ceived in the Joint, which has cut or torn the Tendons, Nerves and Vessels, althô of it self it be not mortal; yet because it is full of danger, and admits of no errors without harm, and requires a most exact cure, to be managed with all care and diligence, which Physicians are not every where, thô they do their duty, able to perform (for never to mistake is above Humane Capacity) nor can the Sick every where observe an exquisitely-regular Diet. There∣fore if the Party die, you will not do amiss, if you report the Wound to have been the cause of his death; unless some egregious error has been committed in the cure, whe∣ther the Chirurgeon, or Patient, or any thing else occasioned it. Then indeed the Aggressor is much excused: for tho without that error the wounded party might have died; yet because the case is dubious, and where any doubt is, the conjecture should al∣ways be in favour of the Criminal, whatever the error were, it must be said to have caused the parties death. Concerning Wounds of the Head, which have something peculiar in them, as we have shown before, you must make report in this manner. First, consider with your self, how the Air and Salu∣brity of the place stand affected toward Wounds of the Head; and if you find, that in all Seasons people die of these Wounds, all Wounds, where there is occasion

to open the Skull, must be reckon∣ed among the very dangerous; and such, unless some egregious and plain error have been committed, must be concluded to have occa∣sioned death. Other Wounds, thô they be dangerous, draw nearer to the nature of safe ones. But when the Salubrity of the Clime abates the danger of these Wounds, then all Wounds of the Head, so that the Membranes be not affected, even if the Bone be broke and perforated, must by no means be ranked among the very dangerous: Except much of the Skull be taken away: For then, because it is impossible for the Membrane not to be hurt, you must account such Wounds dan∣gerous. Hence therefore it may be determined, which I find to be the Opinion of grave Lawyers, (T. in. l. si ex plaga, ff. ad leg. Aquil.) if a Servant not mortally wound∣ed die (by mortally, I mean very dangerously, as in great Wounds of the Joints) the Case will be an action of Battery not Murther. Wherefore Guido, an ancient and learned Physician thinks their Opi∣nion vain, that say, a Man would never die, thô he offend in the course of his living, unless he had received a Wound: So that they seem to lay ones Death to the Wound, thô never so safe, and without danger. But I shall confute their error by and by.