THE SECOND EDITION.
LONDON:
Printed for S. Bladon, at Nᵒ. 28. Pater-noster-Row.
M.DCC.LXVII.
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Begun in the College on Monday, June 1, 1767.
This day Daniel Sutton was brought to the bar of the Court upon aHabeas Corpus, in order to be arraigned on an indictment forpreserving the lives of the King’s subjects, found by the grand juryfor the county of Essex.
Counsel for the Cr. Mr. President, there is an indictmentfor high crimes, and misdemeanors, found against Mr. Daniel Sutton,which hath been removed[Pg 2] into this Court by certiorari; thecertiorari and return thereof hath been filed, and the Prisoneris now brought into Court in order to be arraigned.
President. Read the indictment.
Cl. of the Cr. Daniel Sutton, hold up your hand. You standindicted by the name of Daniel Sutton, late of the town of Ingatestone,in the county of Essex, for that you by inoculating, and causing tobe inoculated, and by means of certain secret medicines and modes ofpractice, unknown to this College and to all other practitioners, nothaving the fear of the College in your heart, do presume to preservethe lives of his Majesty’s liege subjects; and that more especiallyduring the three years last past, you have inoculated, or caused to beinoculated, twenty thousand persons, without the loss of one singlepatient by inoculation, contrary to the statute in that case made andprovided.
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Then the twelve jurors were sworn and counted.
Cl. of the Cr. Cryer, make proclamation.
Cryer. O yes! If any one can inform, &c.
Cl. of the Cr. Daniel Sutton, hold up your hand. Gentlemen ofthe jury, look upon the prisoner and hearken to his cause.
Couns. for the Cr. Mr. President, and gentlemen of the jury,this indictment is for the high crime of preserving the lives of hisMajesty’s subjects by means of inoculation, and particularly by modesof practice and the exhibition of certain medicines unknown to thisCollege, and to all others who practise the art of healing.
Gentlemen, with regard to the first part of this charge, namely, thatof preserving the lives of the King’s liege subjects, we shall prove,beyond all possibility of doubt, that in twenty thousand, whom thePrisoner hath inoculated, not one single patient[Pg 4] hath died, whosedeath could be fairly attributed to inoculation. We shall then shew,that he constantly enjoins a certain unusual regimen to be observed byall his patients, previous to, and during the time of, inoculation;and lastly, we shall convince you, by unquestionable evidence, that headministers to his patients diverse medicines, the composition of whichis an intire se