_Francof._ 1613. _Fol._ p. 809.) of the Emperor Frederic II, issued for the kingdom of Naples, by which it is required that the CONFECTIONARII should take an oath to keep by them fresh and sufficient drugs, and to make up medicines according to the prescriptions of the Physicians. Footnote 121: This Charter is stated in the preamble of the 55th _Geo_ 3, c. 194, to have been in the 15th of _James_. Footnote 122: As are also 114 persons who were the first members. Footnote 123: See _Goodall_, 439. 466. Footnote 124: This proviso was not necessary, for the Charter could in no way alter the authority given by an Act of Parliament. Certain Apothecaries, and with some reason, object to this power; for as the Apothecaries Company have erected an extensive establishment for the sale and preparation of drugs and medicines, the private Apothecaries deem it unjust, that their competitors in Trade should be made the judges of the quality of the very articles in which both deal; the public, on the contrary, derive considerable benefit from the circumstance, as the lynx-eyed jealousy of rivals is added to other inducements of the public body to do its duty, and of the private individuals to expose their errors if they deviate from it: under such circumstances however the Society of Apothecaries ought not to have an absolute power of condemnation; an appeal should be allowed to the Censors of the College of Physicians, or some other authority competent to the decision of such cases. Footnote 125: The words, or party agrieved, might have been properly inserted: as the act stands the patient has no remedy, if the Physician refuse to complain. Footnote 126: The latitude of the conclusion as to renewal of certificates, in some degree cures and compensates the otherwise extreme severity of this clause, yet the jurisdiction might have been better given than to any Justice of the Peace; how such Magistrate, ignorant of medicine or chemistry, is to judge of the improper mixing or compounding of medicines, we do not pretend to anticipate, still less how he is to determine what shall be taken as a satisfactory reason, excuse, or justification. The most probable offence, to be committed in the country against this clause, will be, by substitution of cheap for expensive drugs; this is a very ordinary mal-practice which ought to be checked, but if the apothecary have not the expensive drug by some excusable accident, and then substitute another of equal efficacy, he would be held excusable in a case of emergency, by any medical authority competent to judge of the merits of the case; this an ordinary Justice of the Peace evidently cannot be. Footnote 127: Quakers to affirm. Footnote 128: