The letter of _John Seale_, which induced the College to bring this action, was as follows. “_May_ the _5th_, 1704. These are to certify, that _I, John Seale_, being sick and applying myself to this _Mr. Rose_ the Apothecary for his directions and medicines, in order for my cure; had his advice and medicines from him a year together: But was so far from being the better for them that I was in a worse condition than when he first undertook me; and after a very expensive bill of near £50. was forced to apply myself to the Dispensary at the College of Physicians where I received my cure in about six weeks time, for under forty shillings charge in medicines.” _See a Pamphlet published on this case, London 1704, and other works mentioned in Gough’s Topography._ Footnote 97: It does not appear to have been made out in evidence that the constant use and practice had been with the Apothecary, on the contrary, they did not commence practice (except indeed the occasional sale of some simple lozenge or electuary which was never objected to) till after the great fire, when the known residences of the Physicians having been destroyed, their patients were unable to find them, and consequently resorted to the Apothecaries, whose open shops were a sufficient guide to those who needed medical assistance. It is probable also that some laxity arose during the preceding years in which the Plague raged in London, for in times of emergency it would be unreasonable to insist on restrictions which it might be impossible and inhuman to enforce. (_Merett’s Short view of Frauds & Abuses, A.D._ 1699). Footnote 98: The trial having taken place in the reign of Queen Anne we should have written Queen’s Bench, but the title of the Court in common use is perhaps best adapted to general comprehension. Footnote 99: It has been solemnly resolved, that _Mala Praxis_ is a great misdemeanor and offence at common law. 3 _Bl. Com._ 122: 1 Lord _Raym._ 214.; an act of grace will include _Mala Praxis_; for the remedy of the injured party by Action on the Case, _vide post_. Footnote 100: See also 1 Lord _Raym_ 454. same Case: _Carth_ 421. 491: _Salk_ 144. 200. 263. Footnote 101: But query, as this protecting section has expired, are Patent Medicines now exempted from the examination of the Censors? Footnote 102: Modes of election, unless specially pointed out by Statute or Charter, must depend on Bye-laws and usage. See _the King and the Vice-Chancellor of Cambridge_, _ubi supra_, and many other cases of Corporations. The Power of amotion or expulsion is also incident to most Corporate Bodies. See _Rex_ v. _the Mayor, Burgesses and Common Council of Liverpool_, 2 _Burr. R._ 724: _Rex_ v. _Richardson_, 1 _Burr. R._ 517. We do not find that the College has ever been compelled to execute this painful duty. Footnote 103: