moved the court to set aside the verdict, on the ground that no action lay for a physician's fees any more than for a barrister's.

"Cockell, (Sergeant,) and Chambre, in support of the verdict, argued, that though this point had been ruled several times at nisi prius, against such a claim, yet it had never been solemnly decided, nor was there any authority in the books for putting the claim of a physician's fee upon the same footing as that of a barrister. In the latter case, it might originally have been proper, that no temptation should be held out to countenance injustice; but in the former, it would be equally impolitic, that those who are frequently put to expense in attending patients at a distance, and who are liable to make reparations to those who may suffer from their want of skill, should not be certain of a just and honourable reward. The regulation with regard to barristers, is founded on the grounds of public policy, as appears in the passage by Tacitus, to which Mr. Justice Blackstone refers; but they are totally inapplicable to the case of physicians, and in that very passage in Tacitus, it is taken for granted, that the latter were entitled to a remuneration, because their situation was dissimilar to advocates. Besides, in this case there is an additional reason why the plaintiff should recover, as there is understood to

be a general stipulated acknowledgment for a physician's attendance at the place where this transaction arose.

"Lord Kenyon, Chief Justice. I remember a learned controversy, some years ago, as to what description of persons were intended by the Medici at Rome and it seemed to be clearly established by Dr. Mead, that by those were not meant physicians, but an inferior degree amongst the professors of that art, such as answer rather to the description of surgeons amongst us. But at all events, it has been understood in this country, that the fees of a physician are honorary, and not demandable of right. And it is much more for the credit and rank of that honourable body, and, perhaps, for their benefit also, that it should be so considered. It never was yet heard of, that it was necessary to take a receipt upon such an occasion. And I much doubt whether they themselves would not altogether disclaim such a right as would place them upon a less respectable footing in society than that which they at present hold.' The judgment was therefore arrested, and Dr. Chorley gained nothing by his verdict." (4 Durnford and East's Reports, 317. 30 June, 1791.)

CASE OF THE DUKE OF MARLBOROUGH AND

WILLIAM BARNARD.

On the statute of 9 Geo. I. William Barnard was tried for sending a letter, in a fictitious name, to Charles, Duke of Marlborough, demanding a genteel support for life. The charge was opened by Sergeant Davy. On the 29th of November, 1758, the following letter was found under the door of the Ordnance-Office, directed to his Grace the Duke of Marlborough:

"MY LORD,

"November 28.

"As ceremony is an idle thing upon most occasions, more especially to persons in my state of mind, I shall proceed immediately to acquaint you with the motive and end of addressing this epistle to you, which is equally interesting to us both. You are to know, then, that my present situation in life is such, that I should prefer annihilation to a continuance in it: desperate diseases require desperate remedies; and you are the man I have pitched upon, either to make me, or to unmake yourself. As I never had the honour to live among the great, the tenor of my proposals will not be very courtly; but let that be an argument to enforce the belief of what I am now going to write. It has employed my invention, for some time, to find out a method to destroy another, without ex

posing my own life; that I have accomplished, and defy the law. Now for the application of it. I am desperate, and must be provided for you have it in your power, it is my business to make it your inclination, to serve me; which you must determine to comply with, by procuring me a genteel support for my life; or your own will be at a period before this sessions of parliament is over. I have more motives than one for singling you out first, upon this occasion; and I give you this fair warning, because the means I shall make use of are too fatal to be eluded by the power of physic. If you think this of any consequence, you will not fail to meet the author, on Sunday next, at ten in the morning, or on Monday, (if the weather should be rainy on Sunday) near the first tree beyond the stile in Hyde-Park, in the foot-walk to Kensington secrecy and compliance may preserve you from a double danger of this sort; as there is a certain part of the world, where your death has more than been wished for, upon other motives. I know the world too well to trust this secret in any breast but my own. A few days determine me your friend or enemy.

"FELTON.

"You will apprehend that I mean you should be alone; and depend upon it, that a discovery of any artifice in this affair will be fatal to you:

my safety is insured by my silence; for confession only can condemn me."

Felton was the name of the assassin that stabbed the Duke of Buckingham, at Portsmouth. The Duke, not intimidated by the letter, though greatly surprised at it, and willing to find out the author, was not afraid to endeavour to apprehend him; he went alone to the spot, and at the time appointed; however, there was some attendant on his Grace at a distance, in order to observe what passed on the occasion. The Duke had been there some time on horseback, and as much undressed as a man of his quality is. He had pistols before him; he had been there some time, and saw nobody at all at that particular place. After waiting some considerable time, he was returning, and observed a person come to the particular spot, just by the tree beyond the stile in Hyde-Park, by the foot-walk to Kensington; that person held a handkerchief to his mouth, in a seeming disconsolate manner, looking into the water, and stood still a very considerable while. Upon his Grace seeing this, that the man was not pursuing any way, he had no doubt in his own mind, but that this man (be he who he would) must be the person who had sent him this letter. The man sauntering just at the place, the Duke rode up to the spot, expecting the person would speak to him: his Grace asked the