Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
It must be observed that these reasons turn on the policy and not on the
law of the question, and would have been better addressed to the House
of Peers in their legislative, than in their judicial capacity; the
hardship of depriving the Apothecaries of all practice, and the
inexpediency of too strictly enforcing the statute of _Henry_ 8th, might
have justified an application to the Legislature for an alteration of
the law, but they could not warrant even the highest tribunal in the
land in departing from the law established by Act of Parliament, and
gravely decided by the judges; we must therefore conclude that some
better arguments were adduced on the hearing than have been handed down
to us by the reporters; for if seeing the patient, judging of the
complaint, and administering the proper remedies for it, be not a
practising of Physic within the meaning of the statute, we must confess
ourselves utterly at a loss to define the practice which is. It is a
futile and unworthy subterfuge to allege that no fee is taken for
advice, and that the sum charged is only the price of the drugs, for the
contrary is evident; the poacher might as well pretend (as has been
done) that he sells the basket at his own price, and throws the hare
into the bargain, as a compliment to the purchaser,—or the vender of
nostrums might attempt to avoid the stamp duty by selling the bottles
and giving the physic. We are very far indeed from wishing to put unfair
restraints on trade, or to deprive any class of men of the free exercise
of their professional abilities, but as the Legislature has deemed it
necessary to guard the corporeal health of the people, by enacting that
only persons who on examination by a competent authority have been found
of sufficient ability shall practise, we have thought it our duty to
point out the law as it stands, and if in doing so we are occasionally
obliged to hint at defects, we do it in the hope that by drawing abler
attention to a neglected subject, we may incidentally give rise to some
improvements, beneficial not only to the public at large, but ultimately
profitable to those who, at the first glance might think themselves
injuriously affected by them.
Public-domain text, read in full here on John Shaqi.
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