quire that the servant or maid
receive justice the same as against strangers.'
In regard to physicians, the assizes provide as follows:
'If by any mishap I wound one of my slaves, or the same be wounded
by any other person, and I call a physician, who agrees with me to
heal him for a stipulated price, and then says to me on the third
day, after having well observed the wound, that he can heal it
without fail, and it come to pass, because he uses the lancet
unskilfully, or when he should not have used it at all, or because
when he should have cut the wound or swelling in the top or
lengthwise he cut it obliquely, and the patient die in consequence;
or when the slave's wound is in such place as to require warm
applications, for instance upon the brain or nerves, and the
physician always makes cold ones; or if my slave have a swelling
upon a part where emollients should be applied to mollify the sore
and cause suppuration and discharge, and the physician make always
warm and dry applications by which the sore is internally inflamed,
and he die of it; or if the physician do not attend him every day,
and he die in consequence, reason requires that he pay what the
slave was justly worth before he fell sick, or what the owner had
paid for him; for this is right and reasonable, according to the
assizes of Jerusalem. And the court shall expel that physician from
the city where he performed such malpractice. But if the physician
can show before the court that the patient drank wine or ate meat
which he had forbidden, or did anything else which he should not
have done at all, or at least not so soon as he did, reason
requires that, even though the physician could or should have
treated him differently, he should not be made to pay for him; for
it is more reasonable to suppose that death followed from the
patient's doing what was forbidden than in consequence of the
medical treatment. But if the physician make no prohibition in
regard to eating or drinking, he must still pay for him, for the
physician is justly bound, as soon as he sees a patient, to direct
what he shall eat and what he shall not eat, and if he do not do
this, and mischance occur, it should come upon him.'
'And if a physician be guilty of such malpractice in case of a
Frankish man or woma
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