Let us next proceed to the actual reasons given for the disinheritance; let us inquire into the nature of the charge. We must first go back for a moment to the intention of the legislator. We will grant you for the sake of argument, sir, that it is open to you to disinherit as often as you please; we will further concede you this right against your benefactor; but I presume that disinheritance is not to be the beginning and the ending in itself; you will not resort to it, that is, without sufficient cause. The legislator's meaning is not that the father can disinherit, whatever his grievance may be, that nothing is required beyond the wish and a complaint; in that case, what is the court's function? No, gentlemen, it is your business to inquire whether the parental anger rests upon good and sufficient grounds. That is the question which I am now to put before you; and I will take up the story from the moment when sanity was restored.

The first-fruits of this was the withdrawal of the disinheritance; I was preserver, benefactor, everything. So far my conduct is not open to exception, I take it. Well, and later on what fault has my father to find? What attention or filial duty did I omit? Did I stay out o' nights, sir? Do you charge me with untimely drinkings and revellings? Was I extravagant? Did I get into some disreputable brawl? Did any such complaint reach you? None whatever. Yet these are just the offences for which the law contemplates disherison. Ah, but my step-mother fell ill. Indeed, and do you make that a charge against me? Do you prefer a suit for ill health? I understand you to say no.

What is the grievance, then?-That you refuse to treat her at my bidding, and for such disobedience to your father deserve to be disinherited.—Gentlemen, I will explain presently how the nature of this demand results in a seeming disobedience, but a real inability. Meanwhile, I simply remark that neither the authority which the law confers on him, nor the obedience to which I am bound, is indiscriminate. Among orders, some have no sanction, while the disregard of others justifies anger and punishment. My father may be ill, and I neglect him; he may charge me with the management of his house, and I take no notice; he may tell me to look after his country estate, and I evade the task. In all these and similar cases, the parental censure will be well deserved. But other things again are for the sons to decide, as questions of professional skill or policy—especially if the father's interests are not touched. If a painter's father says to him, 'Paint this, my boy, and do not paint that'; or a musician's, 'Strike this note, and not the other'; or a bronze-founder's, 'Cast so-and-so'; would it be tolerable that the son should be disinherited for not taking such advice? Of course not.

But the medical profession should be left still more to their own discretion than other artists, in proportion to the greater nobility of their aims and usefulness of their work; this art should have a special right of choosing its objects; this sacred occupation, taught straight from Heaven, and pursued by the wisest of men, should be secured against all compulsion, enslaved to no law, intimidated and penalized by no court, exposed to no votes or paternal threats or uninstructed passions. If I had told my father directly and expressly, 'I will not do it, I refuse the case, though I could treat it, I hold my art at no man's service but my own and yours, as far as others are concerned I am a layman'—if I had taken that position, where is the masterful despot who would have applied force and compelled me to practise against my will? The appropriate inducements are request and entreaty, not laws and browbeating and tribunals; the physician is to be persuaded, not commanded; he is to choose, not be terrorized; he is not to be haled to his patient, but to come with his consent and at his pleasure. Governments are wont to give physicians the public recognition of honours, precedence, immunities and privileges; and shall the art which has State immunities not be exempt from the patria fotestas?

All this I was entitled to say simply as a professional man, even on the assumption that you had had me taught, and devoted much care and expense to my training, that this particular case had been within my competence, and I had yet declined it. But in fact you have to consider also how utterly unreasonable it is that you should not let me use at my own discretion my own acquisition. It was not as your son nor under your authority that I acquired this art; and yet it was for your advantage that I acquired it—you were the first to profit by it—, though you had contributed nothing to my training. Will you mention the fees you paid? How much did the stock of my surgery cost you? Not one penny. I was a pauper, I knew not where to turn for necessaries, and I owed my instruction to my teachers' charity. The provision my father made for my education was sorrow, desolation, distress, estrangement from my friends and banishment from my family. And do you then claim to have the use of my skill, the absolute control of what was acquired independently? You should be content with the previous service rendered to yourself, not under obligation, but of free will; for even on that occasion nothing could have been demanded of me on the score of gratitude.

My kindness of the past is not to be my duty of the future; a voluntary favour is not to be turned into an obligation to take unwelcome orders; the principle is not to be established that he who once cures a man is bound to cure any number of others at his bidding ever after. That would be to appoint the patients we cure our absolute masters; we should be paying them, and the fee would be slavish submission to their commands. Could anything be more absurd? Because you were ill, and I was at such pains to restore you, does that make you the owner of my art?

All this I could have said, if the tasks he imposed upon me had been within my powers, and I had declined to accept all of them, or, on compulsion, any of them. But I now wish you to look further into their nature. 'You cured me of madness (says he); my wife is now mad and in the condition I was in (that of course is his idea); she has been given up as I was by the other doctors, but you have shown that nothing is too hard for you; very well, then, cure her too, and make an end of her illness.' Now, put like that, it sounds very reasonable, especially in the ears of a layman innocent of medical knowledge. But if you will listen to what I have to say for my art, you will find that there are things too hard for us, that all ailments are not alike, that the same treatment and the same drugs will not always answer; and then you will understand what a difference there is between refusing and being unable. Pray bear with me while I generalize a little, without condemning my disquisition as pedantic, irrelevant, or ill-timed.

To begin with, human bodies differ in nature and temperament; compounded as they admittedly are of the same elements, they are yet compounded in different proportions. I am not referring at present to sexual differences; the male body is not the same or alike in different individuals; it differs in temperament and constitution; and from this it results that in different men diseases also differ both in character and in intensity; one man's body has recuperative power and is susceptible to treatment; another's is utterly crazy, open to every infection, and without vigour to resist disease. To suppose, then, that all fever, all consumption, lung-disease, or mania, being generically the same, will affect every subject in the same way, is what no sensible, thoughtful, or well-informed person would do; the same disease is easily curable in one man, and not in another. Why, sow the same wheat in various soils, and the results will vary. Let the soil be level, deep, well watered, well sunned, well aired, well ploughed, and the crop will be rich, fat, plentiful. Elevated stony ground will make a difference, no sun another difference, foothills another, and so on. Just so with disease; its soil makes it thrive and spread, or starves it. Now all this quite escapes my father; he makes no inquiries of this sort, but assumes that all mania in every body is the same, and to be treated accordingly.

Besides such differences between males, it is obvious that the female body differs widely from the male both in the diseases it is subject to and in its capacity or non-capacity of recovery. The bracing effect of toil, exercise, and open air gives firmness and tone to the male; the female is soft and unstrung from its sheltered existence, and pale with anaemia, deficient caloric and excess of moisture. It is consequently, as compared with the male, open to infection, exposed to disease, unequal to vigorous treatment, and, in particular, liable to mania. With their emotional, mobile, excitable tendencies on the one hand, and their defective bodily strength on the other, women fall an easy prey to this affliction.

It is quite unfair, then, to expect the physician to cure both sexes indifferently; we must recognize how far apart they are, their whole lives, pursuits, and habits, having been distinct from infancy. Do not talk of a mad person, then, but specify the sex; do not confound distinctions and force all cases under the supposed identical title of madness; keep separate what nature separates, and then examine the respective possibilities. I began this exposition with stating that the first thing we doctors look to is the nature and temperament of our patient's body: which of the humours predominates in it; is it full- blooded or the reverse; at, or past, its prime; big or little; fat or lean? When a man has satisfied himself upon these and other such points, his opinion, favourable or adverse, upon the prospects of recovery may be implicitly relied upon.