My Lord President, before we, that have the Honour to be of Council for the Prisoner, can permit him to plead, we humbly beg Leave to offer some Reasons to the august Court, why an Indictment in this Case does not lye against our Client, we humbly apprehend, that the Consent of the Friends of the Deceased, ought to have been specified in the Indictment, since the great Mandarin, the Manner of whose Death is now in Question, is not of the Blood Royal; there never has been an Instance before, where a Physician has been tried, but upon the Application of the Friends of his Patient: This is introducing an unheard of Practice, and subjecting the Gentlemen of that Profession, to uncommon Hardships; who are already but too much at the Mercy of the designing and malicious: We have an Affidavit ready to read to your Lordships, sign’d by the nearest agnat of the deceas’d Lord; wherein they disclaim the Prosecution, and express their Satisfaction; both of the Skill and Integrity of our Client; therefore we hope this august Court will quash this Indictment. _Council for the Emperor._ My Lord, We are not a little surpriz’d to find the Council for the Prisoner, make such an extraordinary Motion; when they must certainly know, what gave Rise to this Tryal: The Prisoner at the Bar, in Conversation with some of his own Profession, found that they did not approve of his Method in this Particular; he was offended at their pretending to find Fault with his Practice; which he asserted he could justify; This produced a Dispute amongst them, in which he thought he was scandaliz’d, and brought his Complaint before this Court, for the Scandal: Your Lordships did not think fit to try the Cause upon that footing, but to come at the Bottom of the whole Affair, order’d the Emperor’s _Seniscal_ to prosecute in this Manner. Thus the Tryal was at first brought on by the Doctor himself; which he now declines, why? because it’s not in the Shape he projected, which shews a more than ordinary Kind of Obstinacy in his Temper, an Ingredient very unfit to compose a Physician. But my learned Brother is likewise mistaken in Point of Law; Tho’ we have not the Precedents he mentions; yet it’s founded on the Nature of Things: The august Emperor has an Interest in the Life of every Subject; and is in Reality in the Quality of Father to each of them; and often more a Parent than their own natural Fathers: Does he not in all other criminal Cases, prosecute without the Consent of the Party damag’d; why may he not then in this? Unless the Physicians claim a Priviledge not common to the rest of the Subjects of this Empire. The Court, after a short Debate, overruled the Objection to the Indictment; and ordered the Prisoner to plead; he thereupon pleaded not guilty; and submitted to the Judgment of the Court.