319 
P H Y 
becaufe their fituation was diffimilar to that of advocates. 
Bat, though a phyfician cannot recover his fees by pro- 
cefs of law, yet pro cnucilio impenfo et impendendo is a good 
and valuable confideration for an annuity; (9 Co. Rep. 
50. 7 Co. Rep. jo. 28.) And this was formerly a very 
frequent mode of remuneration for profeffional fervices 
both in law and phyfic, though at the prefent day it does 
not frequently occur. If a bond, bill, or note, were given 
for medical attendance, the confideration would be good, 
though the original fees could not have been recovered. 
A diftindtion might, we think, be drawn between the fees 
of a phyfician and his travelling-expenfes, which are fre¬ 
quently confiderable: but the cafe of Chorley and.Bol- 
cot, before cited, is againft it. 
If a medical pradtitionerpaffes himfelf off as a phyfician, 
(by no means an unfrequent practice in diftant parts of 
the country,) although he has no diploma, and no right 
to affume that character, he cannot maintain an adtion 
for his fees, (Lipfcombe v. Holmes, 2 Camp. 441.) though 
as a furgeon he might have recovered compenfation : and, 
even if he were no regular furgeon, the dodtrine in Gre- 
maire v. Le Clerc Hois Valor, (2 Camp. 144.) would enti¬ 
tle him to recover in an adtion of affumpfit. But the au¬ 
thority of this cafe is doubted. 
If there be any promife, a phyfician may recover on a 
fjuuntum meruit; (Shepherd v. Edwards; Hill. 11 Jac. II. 
Croke, 370.) In this cafe the plaintiff declared that he, 
being a profeffor of phyfic and furgery, had cured the 
defendant of a fiftula; and he had judgment. All phy- 
ficians may pradtife furgery, (32 Hen. VIII.) though fur- 
geons may not encroach in phyfic: therefore query whe¬ 
ther in this cafe the plaintiff did not fue as a furgeon; 
and the difeafe was one which in this day would clearly 
be claffed as a furgical cafe. It was not fo, however, in 
Dale againft Cupping, (Bulft. part i. p. 39.) when the 
promife of an infant to pay a certain fum to the defend¬ 
ant for curing him of the falling ficknefs was held bind¬ 
ing ; “for that this fhall be taken as a contradt, and that 
to be for a thing in the nature of neceflity to be done for 
him, and the fame as neceffary as if it had been a promife 
by him made for his meat, drink, or apparel; and in all 
fuch cafes his promife is good, and fhall bind him.” 
If a phyfician, furgeon, apothecary, or other medical 
pradtitioner, undertakes the cure of any wound or dif¬ 
eafe, and by negledt or ignorance the party is not cured, 
or fuffers materially in his health, fuch medical atten¬ 
dant is liable to damages in an adtion of trefpafs on the 
cafe: but the perfon mull be a common furgeon, or one 
who makes public profeffion of fuch bufinefs, as furgeon, 
apothecary, &c. for othenvife it was the plaintiff's own 
folly to truft to an unfkilful perfon, unlefs fuch perfon 
exprefsly undertook the cure, and then the adtion may 
be maintained againft him alfo. See Bull, N.P. 73. 2 
Efp. N. P. 601. “And it feems that any deviation 
from the eftablifhed mode of pradtice fhall be deemed fuf- 
ficient to charge the furgeon,' &c. in cafe of any injury 
arifing to the patient-” See Slater v. Baker and Stapleton, 
2 Wills. 359. which was a fpecial adtion on the cafe 
againft a furgeon and an apothecary, for unficilfully dif- 
uniting the callus of the plaintiff’s leg after it was fet, 
which it appears was done for the purpofe of trying a 
new inflrument. The plaintiff recovered 500I. againft 
the defendants jointly, and the chief juftice faid he was 
well fatisfied with the verdidh On a motion for a new 
trial, the judment was affirmed by the whole court. 
In Seare agaivjl Prentice, 8 Eaft’s R. 348, it was deter¬ 
mined that this adtion lies againft a furgeon for grofs ig¬ 
norance and want of fkill in his profeffion, as well as for 
negligence and careleffnefs, to the detriment of a patient; 
though, if the evidence be of negligence oniy, which was 
properly left to the jury, and negatived by them, the 
court will not grant a new trial, becaufe the jury were 
diredted that want of fkill alone would not fuftain the 
adtion. In the cafe of Neale v. Pettigrew, a furgeon was 
PHY 
held refponfible in damages for the negligence and un- 
fkilfulnefs of his apprentice or fervant. This cafe is 
recent, but we believe not reported. The plaintiff was a 
refpedtable artifan, and had been employed as engineer 
and brafs-founder in a large manufadtory in the city, and 
by his induftry was enabled to earn about four guineas 
per week: the plaintiff’s right arm was diflocated by a 
fall from a gig. Mr. Pettigrew, the defendant, was fer.t 
for; but, being unable to attend from illnefs, his affiftant 
Undertook the cafe, but condudled it fo unfkilfully that 
the plaintiff loft the ufe of his arm. Damages 800I. 
Though the cited cafes are furgical, there is no doubt 
that fimilar adtions would be maintainable againft phyfi- 
cians or other medical pradfitioners; but, as internal in¬ 
juries are lefs demonftrable than external, there might be 
fome difficulty in obtaining the neceffary evidence. 
PHYSICO-MATHEMAT'ICS, f. Thofe branches'of 
phyfics U'hich, uniting obfervation and experiment to 
mathematical calculation, undertake to explain the phe¬ 
nomena of nature. 
PHYSICO-THEOL'OGY, /. Theology enforced or 
illuftrated by natural philofophy. 
PHYS'ICS, f. [from theGr. (pvo-iq, nature.] This word 
taken in its moft enlarged fenfe, comprehends the whole 
ftudy of Nature; and Natural Philosophy is a term 
of the fame extent: but ordinary language, and efpecially 
in this country, employs both of thefe terms in a much 
narrower fenfe, which it is proper in this place to deter¬ 
mine with fome precifion. 
Under the article Philosophy, we have juft given a 
particular account of that view of Nature in which the 
objedts of our attention are confidered as connedted by 
cuujation; and we were at fome pains to point out the 
manner in which this ftudy may be fuccefsfully cultivated. 
By a judicious employment of the means pointed out in 
that article, we difcover that the objedts of our contem¬ 
plation compofe an Universe, jvhich confifts, not of a 
number of independent exiftences folitary and detached 
from each other, but of a number of fubftances connedted 
by a variety of relations and dependencies, fo as to form 
a whole which may with great propriety be called the 
System of Nature. Hence it is evident, that in a work 
of this kind, a complete fyftem of Phyfics, i.e. of Nature, 
muft be compofed of feveral parts; and we may therefore 
refer the reader, for full and fatisfadtory information, to 
the articles Philosophy, Natural History, Astro¬ 
nomy, Physiology, See. &c. 
PHYSIOC'RACY, J'. [from the Gr. Qvai;, nature,,and 
xpa.ro;, power, dominion.] Natural government; a go¬ 
vernment upon a natural or primitive fyftem. 
PHYSIOCRAT'IC, adj. See the preceding word.—The 
phyfiocratic fyftem had excited confiderable notice in Ger¬ 
many. Gen, Biog. art. Mauvillon. 
PHYSIOG'NOMER, or Physiognomist, f. [from 
phyjiognomy .] One who judges of the temper or future 
fortune by the features of the face.—Digonius, when he 
ftiould have been put to death by the Turk, a phyfwgno- 
mer wifhed he might not die, becaufe he would fow much 
diffemion among the Chriftians. Peacham. —Apelles made 
his pidlures fo very like, that a phyfiognomijl and fortune¬ 
teller, foretold, by looking on them, the time of their 
deaths whom thofe pictures reprefented. Dryden. 
PHYSIOGNOM'IC, Physiognomical, or Physiog- 
nomon'ic, adj. Drawn from the contemplation of the 
face ; converfant in contemplation of the face.—In long 
obfervation of men, he may acquire a phyjiognomical in¬ 
tuitive knowledge; judge the interiours by the outfule ; 
and raife conjectures at firft fight. Browns Chr. Mor. 
PHYSIOGNOM'ICS, or Physiognomon'ics, f. [from 
the Gr. (pun;, nature, and xivaaxu, to know.] Among 
phyficians, denote fuch figns, as, being taken from the 
countenance, ferve to indicate the date, difpolition, Sec. 
both of the body and mind : and hence the art of reducing 
thefe figns to pradtice is termed phyfiognomy. 
