Page:Whalley 1822 A vindication of the University of Edinburgh .djvu/24

24 As to the rank and privileges bestowed upon the Candidate, by the University of Edinburgh, at the same time it confers the degree of M.D.; see the title page of any Thesis published by any medical graduate of Edinburgh.

Now the 4th article of the Act of Union between England and Scotland, runs thus, "There shall be a communication of all rights and privileges between the subjects of both Kingdoms, except where it is otherwise agreed." I am well aware, that in the Cause, Jones v. Smart, tried before Lord Mansfield, for killing game contrary to the Statute, judgment was given against the defendant, a Doctor of Physic of the University of St. Andrew's, who rested his defence on the ground of being qualified by his degree to kill game; but the Court was not unanimous upon the subject, as Justice Willes held that a Scotch Doctor of Physic was so qualified by the fourth article of the Act of Union, taking it for granted, that an English M. D. had that privilege; and Justice Buller was of opinion that no Doctor of Physic was qualified by his degree, from what University soever obtained. Here,then, the matter rests at