Note 193 — APPENDIX,
Reading edition
The poet, in this instance, laboureth under a mistake; for I am informed by a gentleman learned in the law, that if a physician neglecteth to receive his fees, and his patient recovereth, he hath no legal claim, neither will an action lie; but if his patient dieth, an action against the executors is good: the Court will admit the claim, and the jury find a verdict, with full costs of suit.
This is very proper, and proveth that law and equity are the same; and that if a physician doth his business, he can recover his reward; but if he neglecteth, and his patient doth not die, why should he have any remuneration?