medicine was "compounded as followeth:—Of the best purging stomatick and anti-hysterick ingredients, duly proportioned and made into a powder, and beat into a mass for pills with sufficient quantity of a strong infusion of the above-mentioned ingredients; and when the same is made into pills about the bigness of a small pea, two or three are to be given to persons from 7 years of age to 15, and three or four from 15 years of age to 70 every other night." Hooper must have been a humorist.
Betton's British oils "for the cure of rheumatic and scorbutic and other cases" had been patented in 1742. The oil was "extracted from the black, pitchy, flinty roch or rock lying immediately over the coal in coal mines. This was reduced to powder and then subjected to heat in a closed furnace, by which means the oil was obtained.
The patent for Dr. James's fever powder (1747) is referred to at length elsewhere. It is agreed that the preparation could not be produced by the process detailed; but, according to Lord Mansfield, it was also defective in another respect. In a judgment given by that eminent authority in 1778 (in the case of Liardet v. Johnson) he illustrated an argument he was using by a reference to Dr. James's patent, "in the specification of which," he said, "he has mentioned the articles only of which those powders were composed, and omitted the proportion or quantity." Consequently Lord Mansfield added, "Dr. James never durst bring an action for infringement, and it was certainly wise in him not to do so, for no patent could stand on such a specification." His lordship went on to enlarge on the extreme importance of exact quantities in the exact formulas for medicines.
