With every deference therefore to the very high authorities, which have supported a contrary opinion, we cannot but conclude, that the unlawful administration of medicine for profit, by which death ensues, may constitute wilful murder in some cases, manslaughter in most, and a high misdemeanor in all, according to the quantity of general malice, ignorance, and presumption, evidenced in each case; under what class each individual instance may fall, is a proper subject for a jury. If the law be defective on this point it cannot be too soon amended, and we must express our sanguine hope, that the consideration of revenue, as arising from the stamp duties on patent medicines, will not be allowed to influence the legislature in a matter vitally important to the public health, and to the lives of his majesty’s subjects, more especially as the evil principally operates on the class, whose personal vigour constitutes the strength and sinews of the country. And yet in candour we must admit the difficulties and embarrassments with which the subject is beset: the multiplication of restraints in a free country is very naturally regarded with extreme jealousy, and however anxiously we may desire to crush those harpies of society, who scatter poison and death around, under the pretence of affording relief, yet the object must not be purchased by the infringement of civil liberty. Doctor _Goodall_, in his historical account of the college’s proceedings against empiricks, published in 1684, mentions many cases in which death has ensued from unlawful administration of medicine; in some of these cases, the college punished the offenders according to their jurisdiction; some by fine and imprisonment, for mala praxis; others they sued at law, for the penalty of five pounds per month for unlicensed practice. But in those instances which appeared to require greater severity of punishment, they consigned the accused to the ordinary course of justice. See _Humphrey Beven’s_ case, _Goodall’s Pro._ 425—_John Hope’s_ case, for giving two apples of coloquintida to a man as a purge, of which he died. _Ibid._ 441. END OF VOL. II. London: Printed by William Phillips, George Yard, Lombard Street. Footnotes Footnote 1: “But there is a particular kind of manslaughter proper to be considered here, from which the benefit of the clergy is taken away by _Ja._ 1, _c._ 8.” “Where any person shall stab or thrust any person or persons that hath not then first striken the party which shall so stab or thrust, so as the person or persons so stabbed or thrust, shall thereof die within the space of six months then next following, although it cannot be proved that the same was done of malice forethought.” See 1 _Hawk. P. C._ This statute was passed in consequence of the numerous murders committed by the Scots, who with their dirks stabbed before an ordinary weapon could be drawn.