as in other Towns and Villages to keep Watch and Ward and be chosen to the Office of Constable and other Offices within the said City and suburbs of the same as in other places within this your Realm to their great fatigation and unquieting and to the peril of their Patients by reason they cannot be conveniently attended It may therefore please your most Excellent Majesty with the assent of your Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to enact ordain and establish That the said President of the Comminalty and fellowship for the time being and the Commons and Fellows of the same and every Fellow thereof that now be or that at any time hereafter shall be their Successors and the Successors of every of them at all time and times after the making of this present Act shall be discharged to keep any Watch and Ward in your said City of London or the suburbs of the same or any part thereof and that they or any of them shall not be chosen Constable or any other Office in the said City or suburbs And that if any time hereafter the said President for the time being or any of the said Commons or Fellows for the time being by any ways or means be appointed or elected to any Watch or Ward Office of Constable or any other Office within the said City or suburbs the same appointment or election to be utterly void and of none effect any order custom or Law to the contrary before this time used in the said City notwithstanding 2. And that it may please your most Royal Majesty by the authority aforesaid that it may be further enacted ordained and established for the common wealth and surety of your loving subjects of this your Realm in and for the administration of medicines to such your said subjects as shall have need of the same that from henceforth the said President for the time being Commons and Fellows and their Successors may yearly at such time as they shall think most meet and convenient for the same elect and chuse four Persons of the said Commons and Fellows of the best learned wisest and most discréet such as they shall think convenient and have experience in the said faculty of Physick And that the said four persons so elected and chosen after a corporal oath to them ministred by the said President or his Deputy shall and may by virtue of this present Act have full authority and power as often as they shall think méet and convenient to enter into the house or houses of all and every Apothecary now or any time hereafter using the mystery or craft of Apothecary within the said City onely to search view and sée such Apothecary-wares drugs and stuffs as the Apothecaries or any of them have or at any time hereafter shall have in their house or houses And all such wares drugs and stuffs as the said four persons shall then find defective corrupted and not méet nor convenient to be ministred in any Medicines for the health of man's body the same four Persons calling to them the Wardens of the said mystery of Apothecaries within the said City for that time being or one of them shall cause to be brent or otherwise destroy the same as they shall think méet by their discretion And if the said Apothecaries or any of them at any time hereafter do obstinately or willingly refuse or deny the said four persons yearly elected and chosen as is beforesaid to enter into their said house or houses for the causes intent and purpose before rehearsed That then they and every of them so offending contrary to this Act for every time that he or they do so offend to forfeit C. s. the one half to your Majesty and the other half to him that will sue for the same by Action of debt bill plaint or information in any of the King's Courts wherein no wager of Law essoin or protection shall be allowed And if the said four persons or any of them so elected and chosen as before is said do refuse to be sworn or after his said oath to him or them administred do obstinately refuse to make the said search and view once in the year at such time as they shall think most convenient by their discretions having no lawfull impediment by sickness or otherwise to the contrary That then for every such wilful and obstinate default every of the said four persons making default to forfeit fourty shillings 3. And forasmuch as the science of Physick doth comprehend include and contain the knowledge of Surgery as a special member and part of the same Therefore be it enacted That any of the said Company or Fellowship of Physicians being able chosen and admitted by the said President and Fellowship of Physicians may from time to time as well within the City of London as elsewhere within this Realm practise and exercise the said science of Physick in all and every his members and parts any Act Statute or Provision made to the contrary notwithstanding 32 H. 8. C. 42. For Barbers and Surgeons THE King our Sovereign Lord by the advice of his Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same by all the common assents duly pondering among other things necessary for the common wealth of this Realm that it 's very expedient and néedful to provide for men expert in the science of Physick and Surgery for the health of mans body when infirmities and sickness shall happen for the due exercise and maintenance whereof good and necessary Acts be already made and provided Yet nevertheless forasmuch as within the City of London where men of great experience as well in speculation as in practice of the science and faculty of Surgery be abiding and inhabiting and have more commonly the dayly exercise and experience of the same science of Surgery than is had or used within any parts of this Realm and by occasion thereof many expert persons be brought up under them as their servants Apprentices and others who by the exercise and diligent information of their said Masters as well now as hereafter shall exercise the said science within divers other parts of this Realm to the great relief comfort and succour of much People and to the sure safeguard of their bodily health their limbs and lives And forasmuch as within the said City of London there be now two several and distinct Companies of Surgeons occupying and exercising the said science and faculty of Surgery the one Company being commonly called the Barbers of London and the other Company called the Surgeons of London which Company of Barbers be incorporated to sue and be sued by the name of Masters or Governours of the Mystery or Comminalty of the Barbers of London by virtue and authority of the Letters Patents under the great
Successors divers and sundry other libertyes Priviledges Immunityes power abilitye and authority not onely to and for the benefitt advantage and commodity of the foresaid President Colledge and Commonaltie and their Successors but also for the more certaine and easyer discovery speedy restraint and certain repressing of the before mentioned unskilfull and illiterate Practisers in the said facultie of Physick as aforesaid As by the foresaid Letters Patents remayning of record amongst other thinges therein conteyned more plainely and fully it doth and may appeare Which said Letters Patents and all and every graunt article and other thing conteyned and specified in the same were by Act of Parliament made in the fourteenth yeare of the Raigne of our said noble Predecessor King Henry the eighth approved graunted ratified and confirmed and cleerely authorized and admitted by the same good lawfull and availeable to the said Bodie corporate and their Successors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the foresaid President Colledge and Corporation of Physicians as aforesaid And further by other severall Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were established ordayned given and graunted unto the said President Colledge and Corporation of Physicians and their Successors As by the said severall Acts of Parliament thereof made more fully and at large it doth and may appeare Sithence the making of which said Letters Patents and severall Acts of Parliament wee doe nevertheless daily finde that divers enormities and abuses not as yet sufficiently provided for and reformed doe abound and increase to the apparent damage of us and our loving Subjects of this our Realm of England by and through the unskilfulness fraud and deceipt of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedie be by us provided and applyed for the curing of soe publique a disease KNOW ye therefore that we gratiously affecting soe pious and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these latter times have abundantly brought forth in this our Realme out of our princely disposition and care for the repressing thereof and of our special grace certaine knowledge and meere motion at the humble petition as well of our trustie and well-beloved Henry Atkins Doctor in Physick now President of the said Colledge and one of our Physicians Theodorus de Mayerne Doctor in Physicke one other of our Physicians Thomas Mondford and Edward Lister Doctors of Physick Fellows and Elects of the said Colledge as of other the Doctors of the said Colledge Have given graunted ratifyed approved allowed and confirmed and by these presents doe for us our heires and successors give graunt ratifie approve allowe and confirme unto the foresaid President and Colledge or Comminalty and their Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth heerein before mentioned and every Article clause guift and graunt therein conteyned and not heerein altered for the honour peace and quiet of the said Colledge And that the said President and Colledge or Comminaltie and their Successors shall and may for ever hereafter have receive take reteyne keep use exercise and enjoy all and singular such rightes titles liberties priviledges immunities freedomes executions abilitye power authoritie and other things as by the said Letters Patents or by any Acts of Parliament are or were given graunted or confirmed or were thereby mentioned or intended to be given graunted or confirmed notwithstanding the not using misusing or abusing of the same And that the same Letters Patents and every Article and Clause theerein conteyned shal be adjudged taken and construed most benignely and favourably to and for the best benefitt avayle and advantage of the foresaid President and Colledge or Comminaltie or their Successors Any Ordinance Custome or usage to the contrary in any wise notwithstanding And whereas our said noble Predecessor by the foresaid Letters Patents amongst other things theerein conteyned hath given and graunted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expressely appointed and provided that noe person whatsoever should exercise the said facultie of Physick within the foresaid Citie of London or within seaven miles in Circuit thereof unless the said person should first be admitted to doe the same by the foresaid President and Colledge or Comminaltie or their Successors by Letters Testimoniall of the said President and Colledge or Comminaltie sealed with their Common Seal upon paine of forfeyting of five pounds for every moneth wherein the said person should exercise the said facultie being not admitted thereunto The one half thereof to be forfeyted and given to our said Predecessor his heires and successors the other half thereof to be forfeyted and given to the said President and Colledge or Comminaltie and their Successors as by the said Letters Patents maie appeare NOW KNOW yee that Wee in our Princely wisdome deepely considering how needfull it is and will bee that all and singular person and persons practising or exercising the said facultie of Physick contrarie to the intent and true meaning of the foresaid Letters Patents shal be duely and condignely punished And for the better encouragement of the foresaid President and Colledge or Comminaltie and their Successors to sue for the said penaltie of five pounds specified and mentioned by the said Letters Patents of our speciall grace certaine knowledge and meere motion have given and graunted and by these presents for us our heires and successors doe give and graunt unto the said President and Colledge or Comminaltie and their Successors full power and lawfull authoritie in the name of us our heires and successors or otherwise in their owne name by the name of the President and Colledge of the facultie of Physick within the Citie of London in any our Courts of Record or in any other place or places within this our Realme according to our Lawes to sue for recover and have execution of and for all and singular such peualties forfeytures summe and summes of money as now are or hereafter from time to time shall accrewe or growe due unto us our heires or successors or to them by force or virtue of the foresaid Letters Patents or any the said Statutes or any Clause or thing in them or in these presents conteyned other then the recognizance hereafter expressed or by reason or meanes of any Offence or Misdemeanor whatsoever committed perpetrated or done or hereafter to be committed perpetrated or done contrary to the intent and meaning thereof And after the same shal be duely recovered levied or received as aforesaid we will and by these presents for us our heires and successors doe give and graunt the same penalties forfeytures and summes of
Grant Article and other thing conteyned and specified in the same were by Act of Parliament made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth approved ratified and confirmed and clearely authorized and admitted to bee good lawfull and avayleable to the said Bodie Corporate and theire Successors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the aforesaid President Colledge and Corporation of Physitians as aforesaid AND further by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were afterwards established ordayned given and graunted to the said President Colledge and Corporation of Physitians and their Successors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare AND whereas nevertheless our Royall Grandfather James late King of England of ever blessed memory out of his great wisdome and circumspection perceiving that divers enormities and abuses not then sufficiently provided for and reformed did dayly abound and increase to the apparent damage of his Royall Majestie and of his loveing subjects of this Realme of England by and through the unskillfullness fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine remedie were duely provided and applyed for the cureing of soe publique a dissease AND our said Royall Grandfather gratiously affecting soe pious and charitable a worke and intending a more full and perfect reformation of the said abuses grievances and enormities in this our Realme out of his princely disposition and care of repressing thereof att the Petition of Henry Atkins Doctor in Physicke then President of the said Colledge and of divers other learned Doctors in Physicke then Fellows elect or members of the said Colledge or Corporation by his Letters Patents under the great Seale of England bearing date at Westminster the eighth day of October in the fifteenth yeare of his Raigne over England for the honour peace and quiett of the said Colledge Did give graunt ratifie allowe approve and confirme unto the said then President and Colledge or Comonalty and theire Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth herein before mentioned and every Article Clause Guift and Grant therein conteyned and not altered by the said Letters Patents of our said Royall Grandfather AND further our said Royall Grandfather did by his said Letters Patents give and grant unto the said President and Colledge or Comonaltie and theire Successors divers and sundry other liberties priviledges immunities powers abilitie and authority not only to and for the benefitt advantage and comoditie of the aforesaid President and Colledge or Comonaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint punishment and repressing aswell of the before mentioned unskillfull unlicensed and illiterate practizers in the facultie of Physicke aforesaid as alsoe of the said fraud and deceipts of the said Apothecaries and Druggists and other the abuses grievances and enormities aforesaid As in and by the same Letters Patents of our said Royall Grandfather remayning of Record amongst other things therein conteyned more fully and att large it doth and may appeare AND whereas notwithstanding all the care travaile and endeavour had and taken in the creating modelling and establishing of the Constitution and Corporation aforesaid and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Parliament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the President and Colledge aforesaid on all opportunities had and taken in putting the same in due execution to the ends aforesaid Itt hath beene made most apparent and evident unto us that the number of unskillfull illiterate and unlicensed practizers of Physicke in and about our said Cittie of London hath of later yeares much increased and att present doe daylie multiply together with the renewed frauds abuses and deceipts of divers Apothecaries Druggisss and others inhabiting in the same Cittie frequently exercised and practised in the making prepareing ordering and venting of Druggs and other things relateing to the said facultie of Physicke to the greate dishonour of this Nation and of the sage and learned professors of that facultie soe noble and necessary and to the detriment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not aptly and usefully placed and settled By meanes whereof subtil and crafty men wholly ignorant and unskilled in the facultie of Physicke have in defiance of authoritie dared publiquely to professe and practise Physicke in our said Cittie of London and by new inventions and delusions deceived much people thereby advanceing theire private commoditie in the greate detriment of the publique and yett have evaded the just and condigne punishment provided and intended by the Charters and Acts of Parliament aforesaid for such presumptuous Offendors Which to prevent in the future And that a due and seasonable reformation may bee had in all the premises and an apt proper and legall constitution and incorporation may be had and established of grave and learned Doctors and other able and experienced practisers of Physicke in and about our said Cittie of London indowed with powers and priviledges convenient and requisite for the ends aforesaid KNOW ye That Wee of our especiall grace certaine knowledge and meere motion and att the humble Petition of Sir Edward Alston Knight now President of the said Colledge or Comonaltie and of divers other learned Doctors of the said Colledge or Comonalty Have willed ordeyned constituted declared given and graunted And by these presents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said President and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Corporate and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of the Kings Colledge of Physitians in the Cittie of London And them and theire Successors by the name of the President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London into one Bodie Corporate and Politique in deede fact and name really and fully for us our heires and successors Wee doe erect make ordeyne constitute declare and create by theise presents AND that by the same name they shall have perpetuall succession And alsoe that they and theire successors by the same name of the President Fellowes and Comonalty of the Kings Colledge of
Nemo in dicta Civitate c. Also the makers of the Act put a distinction betwixt those who shall be licensed to practise Physick within London c. for they ought to have the admittance and allowance of the President and College in writing under their Common Seal but he who shall be allowed to practise Physick throughout England out of London ought to be examined and admitted by the President and 3 of the Elects and so they said that it was lately adjudged in the Kings Bench in an Information exhibited against the said Doctor Bonham for practising of Physick within London for divers months As to the Third point they said That for his contempt and disobedience before them in their College they might commit him to Prison for they have authority by the Letters Patents and Act of Parliament And therefore for his contempt and misdemeanor before them they may commit him Also the Act of 1 Mariae hath given them power to commit them for every offence or disobedience contrary to any Article or Clause contained in the said Grant or Act. But there is an express Negative Article in the said Grant and ratified by the Act of 14 H. 8. Quod nemo in dicta Civitate c. exerceat c. And the Defendants have pleaded that the Plaintiff hath practised Physick within London by the space of one month c. And therefore the Act of 1 Mariae hath authorised them for to imprison him in this case for which cause they did conclude for the Defendants against the Plaintiff But it was argued by Coke Chief Iustice Warburton and Daniel Iustices of the Common Pleas to the contrary And Daniel conceived that a Doctor of Physick of the one Vniversity or the other c. was not within the body of the Act and if he was within the body of the Act that he was excepted by the said latter clause But Warburton argued against him for both the points and the Chief Iustice did not speak to these 2 points because that he and Warburton and Daniel did agrée that this action was clearly maintainable for two other points But to the 2 other points he and the said 2 other Iustices Warburton and Daniel did speak scil 1. Whether the Censors have power for the Causes alledged in their Barr to fine and imprison the Plaintiff 2. Admitting that they have power to doe it if they have pursued their power But the chief Iustice before he argued the points in Law because that much was said in the commendations of the Doctors of Physick of the said College within London and somewhat as he conceived in derogation of the dignity of the Doctors of the Vniversities he first attributed much to the Doctors of the said College within London and did confess that nothing was spoken which was not due to their merits but yet that no comparison was to be made between that private College and any of the Vniversities of Cambridge and Oxford no more than between the Father and his Children or betwéen the Fountain and the small Rivers which descend from thence The Vniversity is Alma mater from whose breasts those of that private College have sucked all their science and knowledge which I acknowledge to be great and profound but the Law saith Erubescit lex Filios castigare Parentes The Vniversity is the fountain and that and the like private Colleges are tanquam rivuli which flow from the fountain melius est petere fontes quà m sectari rivulos Briefly Academiae Cantabrigiae Oxoniae sunt Athenae nostrae nobilissimae regni soles oculi animae regni unde Religio humanitas doctrina in omnes regni partes uberrimè diffunduntur But it is true Nunquam sufficiet copia laudatoris quia nunquam deficiet materia laudis and therefore these Vniversities excéed and excell all private Colleges tanquam inter viburna cupressus And it was observed that King Henry the 8. his said Letters Patents and the King and the Parliament in the Act of 14 H. 8. in making of a Law concerning Physicians for the more safety and health of men therein have followed the order of a good Physician Rex enim omnes artes censetur habere in scrinio pectoris sui For Medicina est duplex removens promovens removens morbum promovens ad salutem And therefore 5 manner of persons who more hurt the body of men than the disease it self are to be removed 1. Improbi 2. Avari qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitentur 3. Malitiosi 4. Temerarii 5. Inscii and of the other part 5 manner of persons were to be promoted as appeareth by the said Act scil those that were 1. profound 2. sad 3. discreet 4. groundedly learned 5. profoundly studied And it was well ordained That the professors of Physick should be profound sad discreet c. and not youths who have no gravity and experience for as one saith In Juvene Theologo conscientiae detrimentum in juvene Legista bursae decrementum in juvene Medico coemeterii incrementum And it ought to be presumed every Doctor of any of the Vniversities to be within the Statute sc to be profound sad discreet groundedly learned and profoundly studied for none can there be Master of Arts who is a Doctor of Philosophy under the study of 7 years and cannot be Doctor of Physick under 7 years more in the study of Physick and that is the cause that the Plaintiff is named in the Declaration Doctor of Philosophy and Doctor of Physick quia oportet Medicum esse Philosophum ubi enim Philosophus desinit incipit Medicus As to the 2 points upon which the Chief Iustice Warburton and Daniel gave judgment 1. It was resolved by them That the said Censors have not the power to commit the plaintiff for any of the causes mentioned in the Barr and the cause and reason thereof shortly was That the said clause which giveth power to the said Censors to fine and imprison doth not extend to the said clause sc Quòd nemo in dicta Civitate c. exerceat dictam facultatem c. Which prohibiteth every one to practise Physick within London c. without licence of the President and College but extendeth onely to punish those who practise Physick within London pro delictis suis in non bene exequendo faciendo utendo facultate medicinae by fine and imprisonment So that the Censors have not power by the Letters Patents and the Act to fine and imprison any for practising of Physick within London but onely pro delictis suis in non bene exequendo c. for ill and not good use and practice of Physick And that was made manifest by 5 Reasons called vividae rationes because they had their vigour and life from the Letters Patents and the Act it self And the best Expositor of all Letters Patents and Acts of Parliament are the
c. and the Common Law doth controll it and adjudge the same void as to services and the donor shall have the Rent as a Rent-seck distr of Common right for it should be against Common right and reason that the King should hold of any or do service to any of his Subjects 14 Eliz. Dyer 313. And so was it adjudged Mich. 16 and 17 Eliz. in the Common Pleas in Stroud's Case So if any Act of Parliament giveth to any to hold or to have Conusans of Pleas of all manner of Pleas arising before him within his Mannor of D. yet he shall hold no Plea to which himself is party for as hath béen said iniquum est aliquem suae rei esse judicem 5. If he shall forfeit 5 li. for one month by the first clause and shall be punished for practising at any time by the second clause two absurdities would follow 1. That one should be punished not onely twice but many times for one and the same offence And the Divine saith Quòd Deus non agit bis in idipsum and the Law saith Nemo debet bis puniri pro uno delicto 2. It should be absurd by the first clause to punish practising for one month and not for lesser time and by the 2. to punish practising not onely for a day but at any time so he shall be punished by the first branch for one month by the forfeiture of 5 li. and by the 2. by fine and imprisonment without any limitation for every time of the month in which any one doth practise Physick And all these reasons were proved by 2 grounds or Maxims of Law 1. Generalis Clausula non porrigitur ad ea quae specialiter sunt comprehensa And the Case between Carter and Ringstead Hill 34 Eliz. rot 120. in the Common Pleas was cited to this purpose where the Case in effect was That A. seized of the Mannor of Staple in Odiham in the County of Southampton in Fée and also of other lands in Odiham aforesaid in Fée suffered a common Recovery of all and declared the use by Indenture That the Recoverer should stand seized of all the lands and tenements in Odiham to the use of A. and his wife and to the heirs of his body begotten and further that the Recoverer should stand seized to the use of him and to the heirs of his body and died and the wife survived and entred into the said Mannor by force of the said general words But it was adjudged That they did not extend to the said Mannor which was specially named and if it be so indéed à fortiori it shall be so in an Act of Parliament which as a Will is to be expounded according to the intention of the makers 2. Verba posteriora propter certitudinem addita ad priora quae certitudine indigent sunt referenda 6 E. 3. 12. Sir Adam de Clydrow Knight brought a Praecipe quod reddat against I. de Clydrow and the writ was Quod juste c. reddat Manerium de Wicombe duas carucatas terrae cum pert in Clydrow in that case the Town of Clydrow did not relate to the Mannor quia non indiget for a Mannor may be demanded without mentioning that it lieth in any Town but cum pertinentiis although that it cometh after the Town shall relate to the Mannor quia indiget Vide 3 E. 4. 10. the like case But it was objected That where by the second clause it was granted that the Censors should have supervisum scrutinium correctionem gubernationem omnium singulorum Medicorum c. they had power to fine and imprison To that it was answered 1. That the same is but part of the sentence for by the entire sentence it appeareth in what manner they shall have power to punish for the words are ac punitionem eorum pro delictis suis in non bene exequendo saciendo seu utendo illâ facultate so that without question all their power to correct and punish the Physicians by this clause i ̄s onely limited to 3 cases scil in non bene exequendo faciendo vel utendo c. Also this word punitionem is limited and restrained by these words Ita quòd punitio eorundem Medicorum c. sic in praemissis delinquentium c. which words sic in praemissis delinquentium limit the first words in the first part of this sentence ac punitionem eorum pro delictis in non bene exequendo 2. It shall be absurd That in one and the same sentence the makers of the Act shall give them a general power to punish without limitation and a special manner how they shall punish in one and the same sentence 3 Hil. 38 Eliz. in a Quo Warranto against the Mayor and Commonalty of London it was holden That where a Grant is made to the Mayor and Commonalty that the Mayor for the time being should have plenum integrum scrutinium gubernationem correctionem omnium singulorum Mysteriorum c. without granting to them any Court in which should be legal procéedings that the same is good for search by which discovery may be made of offences and defects which may be punished by the Law in any Court but it doth not give nor can give them any irregular or absolute power to correct or punish any of the Subjects of the Kingdom at their pleasures 2. It was objected That it is incident to every Court created by Letters Patents or Act of Parliament or other Courts of Record to punish any misdemeanors done in Court in disturbance or contempt of the Court by imprisonment To which it was answered That neither the Letters Patents nor the Act of Parliament hath granted to them any Court but onely an authority which they ought to pursue as it shall be afterwards said 2. If any Court had béen granted to them they could not by any incident authority implicitè granted unto them for any misdemeanor done in Court commit him to prison without bail or mainprise untill he shall be by the commandment of the President and Censors or their Successors delivered as the Censors have done in this case 3. There was not any such misdemeanor for which the Court might imprison him for he onely shewed his case to them which he was advised by his Councel he may justifie which is not any offence worthy of imprisonment The second point Admitting that the Censors had power by the Act if they have pursued their authority or not And it was resolved by the chief Iustice Warburton and Daniel that they have not pursued it for 6 causes 1. By the Act the Censors onely have power to impose a fine or amercement and the President and Censors do impose the amercement of 5 li. upon the Plaintiff 2. The Plaintiff was summoned to appear before the President and Censors c. and did not appear and therefore he was fined 10 li. whereas the President hath not any
authority in that case 3. The fines and amercements to be imposed by them by force of the Act do not belong to them but to the King for the King hath not granted the fines and amercements to them and yet the fine is appointed to be paid to them in proximis Comitiis and they have imprisoned the Plaintiff for non-payment thereof 4. They ought to have committed the Plaintiff presently by construction of Law although that no time be limited in the Act as in the Stat. of West cap. 12. De Servientibus Ballivis c. qui ad compotum reddend ' tenentur c. cum Dom ' hujusmodi servientium dederit eis auditores compoti contingat ipsum in arreragiis super compotum suum omnibus allocatis allocandis arrestentur corpora eorum per testimonium auditorum ejusdem compoti mittantur liberentur proximae gaolae Domini Regis in partibus illis c. in that case although that no time be limited when the Accomptant shall be imprisoned yet it ought to be presently as it is holden in 27 H. 6. 8. and the reason thereof is given in Fogossa's Case Plow Com. 17. that the generality of time shall be restrained to the present time for the benefit of him upon whom the pain shall be inflicted and therewith agréeth Plow Com. 206. b. in Stradling's Case And a Iustice of Peace upon view of the force ought to commit the offender presently 5. For as much as the Censors had their authority by the Letters Patents and Act of Parliament which are high matters of Record their proceedings ought not to be by word and so much the rather because they claimed authority to fine and imprison And therefore if Iudgment be given against one in the Common Pleas in a Writ of Recaption he shall be fined and imprisoned but if the Writ be Vicontiel in the County there he shall not be fined or imprisoned because that the Court is not of Record F. N. B. in bre de Recaptione so in 47 F. N. B. a Plea of Trespass vi armis doth not lie in the County Court hundred Court c. for they cannot make Record of fine and imprisonment and regularly those who cannot make a Record cannot fine and imprison And therewith agréeth 27 H. 8. Book of Entries The Auditors make a Record when they commit the Defendant to prison A Iustice of Peace upon view of the force may commit but he ought to make a Record of it 6. Because the Act of 14 H. 8. hath given power to imprison untill he shall be delivered by the President and the Censors and their Successors reason requireth that the same be taken strictly for the liberty of the Subject as they pretend is at their pleasure And the same is proved by a Iudgment in Parliament in this Case For when this Act of 14 H. 8. had given power to the Censors to imprison yet it was taken so literally that the Gaoler was not bound to receive them which they committed to him and the reason thereof was because they had authority to do it without any Court And thereupon the Statute of 1 Mar. cap. 9. was made that the Gaoler should receive them upon a pain and none can be committed to any prison if the Gaoler cannot receive him but the first Act for the cause aforesaid was taken so literally that no necessary incident was implyed And where it was objected that this very Act of 1 Mariae hath enlarged the power of the Censors and that upon the word of the Act It was clearly resolved that the said Act of 1 Mariae did not enlarge the power of the Censors to fine or imprison any person for any cause for which he ought not to be fined and imprisoned by the said Act of 14 H. 8. For the words of the Act of Q. Mary are according to the tenor and meaning of the said Act Also shall send or commit any Offender or Offenders for his or their offence or disobedience contrary to any Article or clause contained in the said Grant or Act to any Ward Gaol c. But in this Case Bonham hath not done any thing which appeareth within this Record contrary to any Article or clause contained within the Grant or Act of 14 H. 8. Also the Gaoler who refuseth shall forfeit the double value of the fines and amerciaments that any offender or disobedient shall be assessed to pay which proveth that none shall be received by any Gaoler by force of the Act of 14 H. 8. but he who may be lawfully fined or amerced by the Act of 14 H. 8. and for that was not Bonham as by the reasons and causes aforesaid it appeareth And admit that the replication be not material and the Defendants have demurred upon it yet forasmuch as the Defendants have confessed in the Bar that they have imprisoned the Plaintiff without cause the Plaintiff shall have Iudgment And the difference is when the Plaintiff doth reply and by his replication it appeareth that he hath no cause of action there he shall never have judgment But when the Bar is insufficient in matter or amounteth as this Case is to a confession of the point of the action and the Plaintiff replyeth and sheweth the truth of the matter to enforce his Case and in Iudgment of Law it is not material yet the Plaintiff shall have Iudgment for it is true that sometimes the Count shall be made good by the Bar and sometimes the Bar by the Replication and sometimes the Replication by the Rejoynder c. But the difference is when the Count wantethtime place or other circumstance it may be made good by the Bar so of the Bar Replication c. as appeareth in 18 E. 4. 16. b. But when the Count wanteth substance no Bar can make it good so of the Bar Replication c. and therewith agrée 6 E. 4. 2. a good case and mark there the words of Choke vid. 18 E. 3. 34. b. 44 E. 3. 7. a. 12 E. 4. 6. 6 H. 7. 10. 7 H. 7. 3. 11 H. 4. 24. c. But when the Plaintiff makes a Replication Sur-rejoynder c. and thereby it appeareth that upon the whole matter and Record the Plaintiff hath no cause of action he shall never have Iudgment although that the Bar or remainder be insufficient in matter for the Court ought to judge upon the whole Record and every one shall be intended to make the best of his own case Vid. Rigeways case in the 3. part of my Reports 52. And so these differences were resolved and adjudged betwéen Kendall and Heyer Mich. 25 26 Eliz. in the Kings Bench. And Mich. 29 30 Eliz. in the same Court betwéen Gallys and Burbry And Coke Chief Iustice in the conclusion of his argument did observe 7 things for the better direction of the President and Commonalty of the said Colledge in time to come 1. That none can be punished for practising
they nor none other for them to his or their use shall occupy any Surgery letting of bloud or any other thing belonging to Surgery drawing of téeth onely except And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving neither by himself nor by none other for him to his or their use And moreover that all manner of Persons using Surgery for the time being as well Fréemen as Foreigns Aliens and Strangers within the said City of London the Suburbs thereof and one mile compass of the same City of London before the Feast of St. Michael the Archangel next coming shall have an open Sign on the Stréet side where they shall fortune to dwell that all the King's liege people there passing by may know at all times whither to resort for their remedies in time of necessity 4. And further be it enacted by the authority aforesaid That no manner of person after the said feast of St. Michael the Archangel next coming presume to kéep any Shop of Barbery or Shaving within the City of London except he be a fréeman of the same Corporation and Company 5. And furthermore at such times as have béen heretofore accustomed there shall be chosen by the same Company four Masters or Governours of the same Corporation or Company of the which four two of them shall be expert in Surgery and the other two in Barbery Which four Masters and every of them shall have full power and authority from time to time during their said office to have the oversight search punishment and correction of all such defaults and inconveniencies as shall be found among the said Company using Barbery or Surgery as well of Fréemen as Foreigns Aliens and Strangers within the City of London and the circuits aforesaid after their said discretions And if any person or persons using any Barbery or Surgery at any time hereafter offend in any of these Articles aforesaid then for every month the said Persons so offending shall lose forfeit and pay five pounds the one moiety thereof to the King our Sovereign Lord and the other moiety to any person that will or shall sue therefore by action of debt bill plaint or information in any the King's Courts wherein no Wager of Law Essoin or Protection shall be admitted or allowed in the same 6. Provided that the Barbers and Surgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have béen accustomed to pay within the said City of London This Act nor any thing therein contained to the contrary hereof in any wise notwithstanding 7. Provided alway and be it enacted by Authority aforesaid That it shall be lawfull to any of the King's subjects not being Barber or Surgeon to retain have and kéep in his house as his servant any person being a Barber or Surgeon which shall and may use and exercise those arts and faculties of Barbery or Surgery or either of them in his Master's house or elsewhere by his Master's licence or commandment Any thing in this Act above-written to the contrary notwithstanding 34 35 H. 8. C. 8. A Bill that persons being no common Surgeons may minister Medicines notwithstanding the Statute WHERE in the Parliament holden at Westminster in the third yeare of the King 's most gracious Reign amongst other things for the avoiding of Sorceries Witchcrafts and other inconveniencies it was enacted That no person within the City of London nor within seven miles of the same should take upon him to exercise and occupy as Physician or Surgeon except he be first examined approved and admitted by the Bishop of London and other under and upon certain pains and penalties in the same Act mentioned Sithence the making of which said Act the Company and Fellowship of Surgeons of London minding onely their owne lucres and nothing the profit or ease of the diseased or Patient have sued troubled and vexed divers honest persons as well men as women whom God hath endued with the knowledge of the nature kind and operation of certain Herbs Roots and Waters and the using and ministring of them to such as béen pained with customable diseases as Womens Breasts being sore a Pin and the Web in the Eye Vncomes of hands Scaldings Burnings Sore mouths the Stone Strangury Saucelim and Morphew and such other like diseases And yet the said persons have not taken any thing for their pains or cunning but have ministred the same to poor people onely for neighbourhood and God's sake and of pity and charity And it is now well known that the Surgeons admitted will do no Cure to any Person but where they shall know to be rewarded with a greater Sum or reward then the Cure extendeth unto for in case they would minister their cunning unto sore people unrewarded there should not so many rot and perish to death for lack of help of Surgery as dayly do but the greater part of Surgeons admitted béen much more to be blamed then those persons that they trouble 2. For although the most part of the persons of the said Craft of Surgeons have small cunning yet they will take great sums of money and do little therefore and by reason thereof they do oftentimes impair and hurt their Patients rather then do them good In consideration whereof and for the ease comfort succour help relief and health of the King 's poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased 3. Be it ordained established and enacted by the authority of this present Parliament That at all time from henceforth it shall be lawfull to every person being the King 's subject having knowledge and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practice within any part of the Realm of England or within any other the King's dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments baths pultes and emplaisters according to their cunning experience and knowledge in any of the diseases sores and maladies beforesaid and all other like to the same or drinks for the Stone and Strangury or Agues without suit vexation trouble penalty or loss of their goods the foresaid Statute in the foresaid third year of the King 's most gracious Reign or any other Act Ordinance or Statute to the contrary hereof made in any wise notwithstanding 1 Q. M. according to the Exemplification Sessio 2. C. 9. An Act touching the Corporation of the Physicians in London CAROLUS SECUNDUS Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus
enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever to the contrary thereof in any wise notwithstanding AND WEE WILL and by these presents for us our heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amerciaments hereafter to be sett adjudged imposed or inflicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Patents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitutions made or to bee made by vertue of these presents or any the Graunts or Authorities aforesaid before any Action bée commenced or any Levy or Execution bee had or made thereof respectively the said severall penalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excepted shall bée reported to and approved of by the Court or Corporation of the said President and Fellowes of the Kings Colledge of Physitians aforesaid to bée held by vertue of these presents or by any fifteene or more of the Fellowes of the same Colledge for the tyme beinge then present att such Court whereof the President or in his absence the Vice-president for the tyme being to bée one and then entered and registred in the Common Register Booke of the same Colledge And that from and after such approbation and entry thereof it shall and may bée lawfull to and for the President and Censors or Vice-president and Censors of the same Colledge of Physitians for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one duely made and directed to any Officer and Officers of the same Colledge in this behalfe to bée appointed to Commit and send every such person and persons soe offending and on whome any such Fyne Penalty or Amerciament shall be imposed sett or inflicted as aforesaid or by whom any forfeiture shall bée made as aforesaid to any of our Goales or Prisons except our Tower of London within our said Citty of London or the Suburbs thereof for the tyme being there to remayne untill he or they shall pay and satisfie unto the said President and Fellowes of the same Colledge of Physitians and their Successors for the tyme being the severall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amerciaments for which hee or they respectively shal bee soe Committed or charged as aforesaid or otherwise by like Warrant to levie all and every such fyne and fynes penalty and penalties forfeiture and forfeitures Amerciament and Amerciaments by distresse and sale of any of the Goods and Chattells of any or every such person or persons respectively offending as aforesaid rendering the overplus to bee ymployed and disposed as hereafter in and by these presents is directed PROVIDED allwayes that if any person or persons on whome any Fyne Penalty or Amerciament shall be sett or imposed as aforesaid shall find or conceive himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons within one Moneth after such approbation and entry thereof made as aforesaid or sooner to appeale unto such person and persons for his or their releife therein as in and by these presents are hereafter nominated constituted and impowered in that behalfe AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbeloved Sir Robert Foster Knight Cheife Iustice of our Court of Kings Bench Sir Orlando Bridgman Knight and Baronett Cheife Iustice of our Court of Common Pleas and Sir Matthew Hale Knight Cheife Baron of our Court of Exchequer the present Visitors of the said Colledge and Corporation and the Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Corporation AND Wee doe by these presents for us our heires and successors give and grant unto them the said Visitors hereby constituted and every or any two or more of them full power and authority to receive entertaine heare examine adjudge and determine alter mitigate reverse or confirme all and every such Matter Cause Complaynt Iudgment Decree or Sentence whatsoever which att any time hereafter shall come or bée brought before them or any two or more of them by way of Appeale hereafter to be made by any person or persons whatsoever for or concerning any Fyne Penalty or Amerciament or other matter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two or more of them from tyme to tyme to send for remove or cause to come before them or any two or more of them all and every such Cause Complaynt Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or wherein any Appeale shall bée made to them or any two or more of them as aforesaid and from tyme to tyme to order and appoint certaine dayes tymes and places for the hearing and adjudging thereof and to summon heare and examine upon Oath or otherwise all and every person and persons that know or can say or testifie any matter of fact or other thing conduceing to the manifestation or discovery of the truth of the matter in question to the end a just and cleare judgment and determination may be had and made therein AND FURTHER to act proceed performe
of Physick in London but by forfeiture of 5 li. by the month which is to be recovered by the Law 2. If any practise Physick there for a less time than a month that he shall forfeit nothing 3. If any person prohibited by the Statute offend in non bene exequendo c. they may punish him according to the Statute within the month 4. Those who may commit to prison by the Statute ought to commit presently 5. The fines which they set according to the Statute belong to the King 6. They cannot impose a fine or imprison without a Record of it 7. The cause for which they impose fine and imprisonment ought to becertain for the same is traversable For although they have the Letters Patents and an Act of Parliament yet because the party grieved hath not other remedy neither by Writ of Error or otherwise and they are not made Iudges nor a Court given to them but have an authority onely so to doe the cause of their commitment is traversable in an action of false imprisonment brought against them as upon the Statute of Bankrupts their Warrant is under the great Seal and by Act of Parliament yet because the party grieved hath no other remedy if the Commissioners do not pursue the Act and their Commission he shall traverse That he was not a Bankrupt although the Commissioners affirm him to be one as this Term it was resolved in this Court in Trespass betwéen Cutt and Delabarre where the issue was Whether William Piercy was bankrupt or not who was found by the Commissioners to be a bankrupt à fortiori in the Case at Bar the cause of the imprisonment is traversable for otherwise the party grieved may be perpetually without just cause imprisoned by them But the Record of a force made by one Iustice of Peace is not traversable because he doth the same as Iudge by the Statutes of 15 R. 2. and 8 H. 6. and so there is a difference when one maketh a Record as a Iudge and when he doth a thing by a special authority as they did in the Case at Bar and not as a Iudge And afterwards for the said two last points Iudgment was given for the Plaintiff nullo contradicente And I acquainted Sir Thomas Fleming Chief Iustice of the Kings Bench with this Iudgment and with the reasons and causes thereof who approved of the Iudgment which we had given And the same is the first judgment upon the said Branch concerning fine and imprisonment which hath béen given since the making of the said Charter and Acts of Parliament and therefore I thought it worthy to be reported and published Dr. Bonham's Case as reported by Brownlow and Goldesborough Trinity 7 Jac. 1609. in the Common Bench. THomas Bonham brought an Action of false imprisonment against Dr. Atkins and divers other Doctors of Physick The Defendants justified that King H. 8. Anno Decimo of his Reign founded a College of Physicians and pleaded the Letters Patents of the Corporation And that they have authority by that to chuse a President c. as by the Letters Patents c. and then plead the Statute of 32 H. 8. Cap. 40. And that the said Doctor Atkins was chosen President according to the said Act and Letters Patents And by the said Act and Letters Patents it is provided That none shall Practise in the City of London or the Suburbs of it or within seven miles of the said City or exercise the faculty of Physick if he be not thereto admitted by the Letters of the President and College sealed with their Common Seal under the penalty of a hundred shillings for every month that he not being admitted shall exercise the said faculty Further we will and grant for us and our Successors to the President and College of the Society for the time being and their Successors for ever that they may chuse four every year that shall have the overseeing and searching corecting and governing of all in the said City being Physicians using the faculty of Medicine in the said City and of other Physicians abroad whatsoever the faculty of Physicking by any means frequenting and using within the said City or Suburbs thereof or within seven miles in compass of the said City and of punishing them for their offences in not well executing making and using it And that the punishing of those Physicians using the said faculty so in the Premisses offending by fines amerciaments imprisonments of their bodies and by other reasonable and fitting ways shall be executed Note the Preamble of these Letters Patents is Quòd cùm regii officii nostri munus arbitremur ditionis nostrae hominum foelicitati omni ratione consulere Id autem vel imprimis fore si improborum conaminibus tempestivè occurramus apprimè necessarium fore duximus improborum quoque hominum qui medicinam magis avaritiae suae causâ quà m ullius bonae conscientiae fiduciâ profitebuntur unde rudi credulae plebi plurima incommoda oriuntur audaciam compescere And that the Plaintiff practised in London without admission of the College and being summoned to appear at the College and examined if he would give satisfaction to the College according to the said Letters Patents and Statute he answered that he had received his Degrée to be Doctor of Physick by the Vniversity of Cambridge and was allowed by the Vniversity to practise and confest that he had practised within the said City and as he conceived it was lawfull for him to practise there That upon that the said President and Commonalty fined him to a hundred shillings and for not paying of that and his other contempt committed him to Prison To which the Plaintiff replyed as aforesaid and upon this demurrer was joyned And Harris for the Defendants saith That this hath béen at another time adjudged in the King's bench where the said College imposed a fine of five pound upon a Doctor of Physick which practised in London without their admission and for the non-payment of it brought an action of debt and adjudged that it lay well and that the Statute of 32 H. 8. extends as well to Graduates as to others for it is general and Graduates are not excepted in the Statute nor in the Letters Patents and all the mischiefs intended to be redressed by this are not expressed in that and the Statute shall not be intended to punish Impostors onely but all other which practise without examination and admittance For two things are necessary to Physicians that is learning and experience and upon that there is a Proverb Experto crede Roberto And the Statute intends that none shall practise here but those which are most learned and expert more than ordinary And for that the Statute provides that none shall practise here without allowance and examination by the Bishop of London and the Dean of Pauls and four learned Doctors But in other places the examination is referred onely to the Bishop
AND further of our like especiall grace certaine knowledge and meere motion Wee will and for us our heires and successors doe promise and graunt to and with the said President and Colledge or Comminaltie and their Successors by these presents That at the next Parliament or Session of Parliament of us our heires or successors to be holden within this our Realme of England Wee our heires or successors will give and graunt our roiall and free assent and consente to any Act Bill or Petition by the said President and Colledge or Comminaltie or their Successors or any of them in the same Parliament or Session of Parliament to be exhibited or preferred and by the Lords Spirituall and Temporall and the Comminaltie of the said Parliament to be approved and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminaltie and their Successors to and with the severall graunts powers priviledges authorities exemptions immunities and other matters and things in these presents to them given graunted and confirmed or intended to be to them given graunted or confirmed according to our gratious intent and meaning heerein before specified and expressed AND further Wee will and by these presents for us our heires and successors doe graunt unto the said President and Colledge or Comminaltie and their Successors That these our Letters Patents and all and singular the guifts graunts authorities powers priviledges and immunities and other things therein conteyned shal be good firme avayleable and effectuall in the Lawe to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President and Colledge or Comminaltie and their Successors Any Statute Act Ordinance Custome Vsage Guift Graunt or any other matter or thing heretofore had made used ordayned or provided to the contrary in any wise notwithstanding NEVERTHELESS Wee will and our intent and meaning is That the said President and Colledge or Comminaltie and their Successors shall answere and paie to us our heires and successors for and in respect of the fines amerciaments penaltyes forfeytures and summes of money herein before mentioned and by these Presents to them graunted as aforesaid the yearely rent of sixe pounds of lawfull money of England at the receipt of our Exchequer at Westminster at the feasts of the Annunciation of the blessed Virgin Marie and St. Michaell the Archangell by even and equall portions Any thing herein conteyned to the contrary notwithstanding Although expresse mention of the true yearely value or certainty of the premises or any of them or of any other guifts or graunts by us or any of our Progenitors or Predecessors to the foresaid President and Colledge or Comminaltie heretofore made in these presents is not made Or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordayned or provided Or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding IN WITNESS whereof Wee have caused these our Letters to be made Patents WITNESS our selfe at Westminster the eighth daie of October in the fifteenth yeare of our raigne of England France and Ireland and of Scotland the one and fiftieth Per breve de privato Sigillo Young Irr. in Memorand ' Scaccarii de anno octavo Regis nostri Caroli viz. inter Record ' de Termino Sancti Michaelis Ro. ex parte Rememorat ' dicti Domini Regis A Royall Charter granted to the Colledge of Physicians in London 26 Martii 15 Car. 2. CHARLES THE SECOND by the grace of God King of England Scotland Fraunce and Ireland defender of the faith c. To all to whom theise presents shall come greeting WHEREAS our most noble and renowned Predecessor King Henry the eighth late King of this our Realme of England in his princely wisdom deepely considering and by the example of forreigne well governed States and Kingdomes truly understanding how profitable beneficiall and acceptable it would be unto the whole Bodie of this Kingdome of England to restrayne and suppresse all such persons as would take upon themselves to be practisers in the facultie of Physicke being illiterate and altogether unskilfull in that facultie rather propounding unto themselves theire private gaine with the detriment of his Majesties subjects than to give relief in time of necessity And likewise duely considering that by the rejecting of those illiterate and unskilfull practizers those that were learned grave and profound practisers in that facultie And alsoe the industrious Students of that profession would bee the better incouraged and inabled in theire studies and endeavours For which and many other weightie motives causes and considerations our said Royall and Princely Predecessor King Henry the eighth by his Letters Patents bearing date at Westminster the three and twentieth day of September in the tenth yeare of his Raigne of his especiall grace and princely favour did erect found and establishe a Colledge Comonaltie or Incorporation of Physitians in the Cittie and Suburbs of London and for seaven miles every way in distanee from the same to bee remayne and have existence for ever And by the same Letters Patents our aforesaid noble Predecessor did further give and graunt unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said facultie of Physick in the aforesaid Cittie of London that they and all of the said facultie of Physick of and in the aforesaid Cittie of London should for ever from thenceforth bee in name and deed One body Comonaltie and Colledge AND further by the same Letters Patents did give and graunt unto the said Colledge and Comonaltie full power abilitie and authoritie for ever annually to elect and make one of the said Colledge or Comonaltie to bee President of the said Colledge Corporation and Comonaltie And that the same President soe elected and made and the said Colledge and Comonaltie should have perpetuall succession and a Common Seale for the behoofe and benefitt of the said President Colledge and Comonaltie and their Successors for ever And alsoe by the said Letters Patents did further give and graunt unto the said President Colledge and Comonaltie and their Successors divers and sundry other liberties priviledges immunities power abilitie and authoritie not onely to and for the benefitt advantage and comodity of the aforesaid President Colledge and Comonaltie and theire Successors but alsoe for the more certaine and easier discovery speedy restraint and certaine repressing of the before mentioned unskilfull and illiterate practizers in the facultie of Physick aforesaid as by the same Letters Patents remayneing of Record amongst other things therein conteyned more plainely and fully it doth and may appeare WHICH said Letters Patents and all and every
become bound in such Recognizance with such condition as aforesaid AND WEE WILL and by these presents for us our heires and successors doe enjoyne order and commaund all and every Warden Goaler and Keeper Wardens Goalers and Keepers of our Wards Goales and Prisons within our said Citty of London and the limitts and precincts aforesaid Except before excepted that they and every of them doe from tyme to tyme yeild and give all due obedience and observance to the said President and Censors or Vice-president and Censors of the Colledge aforesaid for the tyme being in the absence of the President and to all and every such Warrant and Warrants as by them or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one shall by virtue of these presents or any the Letters Patents or Acts of Parliament aforesaid bee duely made and directed to any the Wardens Goalers or Keepers of our Prisons aforesaid or any of them And that they and every of them doe and shall receive into his or their Custody in such prison or prisons whereof he or they shall then bee Warden Goaler or Keeper all and every such person and persons as by vertue of such Warrant or Warrants shall bee sent or committed to him or them and there shall safely keepe every such person and persons so Committed in any of their Prisons att the proper costs and charges of the said person or persons soe Committed without Bayle or Mainprise according to the tenor forme and effect of such Warrant and Warrants untill such person or persons shall bée duely discharged upon paine that all and every such Warden Goaler or Keeper doeing the contrary shall loose and forfeit the double of all and every such Fyne or Fynes Amerciament and Amerciaments summe and summes of money for which or Non-payment whereof such person or persons respectively were or shall bee soe Committed as aforesaid PROVIDED that any such Fyne Amerciament or Summe of money bée not att any one tyme above the summe of Twenty pounds The one moyety thereof to bée ymployed to the use of us our heires and successors and the other moyety to the said President and Fellowes of the Kings Colledge of Physitians aforesaid to and for the use of the poore aforesaid and to bée disposed and distributed as aforesaid AND all the same forfeitures to bée recovered by Action of debt Bill Playnt or Information in any Court of Record of us our heires or successors against any such Warden Goaler or Keeper soe offending in which suite noe Essoyne wager of Law nor Protection shall bee allowed or admitted for the Defendant AND WEE DOE FURTHER of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors that itt shall and may be lawfull to and for the President and Fellowes of the same Colledge for the tyme being and their Successors yearely and every yeare for ever hereafter att their frée liberty and pleasure to have and take att once or severall tymes without contradiction the dead Bodies of six severall persons of Men or Woemen condemned adjudged and putt to death for Felony or other offence by the due course and order of the Lawes of this our Realme within our said Citty of London or our Countyes of Middlesex and Surrey or either of them for Anatomies without any further Surte Lycence or Commission to or from us our heires or successors to bee had made or obteyned for the same And from tyme to tyme to make incision of the same dead bodyes or otherwise to order the same after their discretions att their liberty and pleasures for their further and better knowledge instruction insight learning and experience in the faculty and science of Physicke and Chirurgery PROVIDED allwayes and We will and direct that all and every such dead body and bodies had taken or used for or as Anatomies bée from tyme to tyme after such use made thereof as aforesaid decently buryed att the costs and charges of the said President and Fellowes and their Successors AND Wée doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors speciall lycence free and lawfull liberty power and authority to acquire purchase receive and take unto the said President Fellowes and Cominalty of the same Colledge and their Successors for ever to the use of them and their Successors for ever And alsoe to all and every other person and persons full and free power lycence and authority to give graunt and convey unto them the said President Fellowes and Cominalty of the Colledge aforesaid and their Successors for ever to the use of them and their Successors for ever any Mannors Messuages Lands Tenements Tythes Rents Reversions and Hereditaments soe as the same doe not exceed in the whole the cleare yearly value of Two hundred pounds above all charges and reprises The Statute of Alienation in Mortmaine or any other Statute Act Law Ordinance or Provision heretofore made ordeyned or provided or any other matter cause or thing to the contrary in any wise notwithstanding And this without any Writt or Writts of Ad quod dampnum or other Licence or Letters Patents Inquisitions or Mandates of us our heires or successors to bée had made prosecuted sued for or obteyned in that behalfe AND WEE WILL and by these presents for us our heires and successors Doe give and graunt unto the said President Fellowes and Comonalty of the Kings Colledge of Physitians and their Successors That all and every Physitian and Physitians that now is or are or that hereafter shall bee Elected Admitted and made a Member of the same Colledge shall from tyme to tyme be wholly and absolutely freed exempt and discharged of and from serving or appearing in any Iury or Iuries for the tryall of any matter or cause or takeing finding or executing of any Commission or Inquisition whatsoever and of and from being or chosen to bee Churchwarden Constable Scavenger or any such or the like Officer or Officers And of and from the undertakeing execution and exercise of all and every the same and such like Office and Offices Place and Places and every of them And alsoe of and from all Watch and Ward and of and from beareing and providing Armes within our Citties of London or Westminster or either of them or any the Suburbs or Liberties of the same Citties or either of them or within seaven miles compasse thereof AND in case they or any of them shall att any tyme hereafter by any wayes or meanes bee designed appointed nominated or chosen into or to undergoe or beare or performe any of the said Office or Offices Place
or Places Duety or Dueties or any of them within our said Citties or the Suburbs or Liberties thereof or lymitts aforesaid That all and every such designation appointment nomination and election shall bee utterly void and of none effect any Statute Act Ordinance Constitution Order Custome or Law to the contrary thereof in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the said President Fellowes and Commonalty of the said Kings Colledge of Physitians aforesaid and their Successors AND by these presents declare and manifest our pleasure for ever to bee That the said President Fellowes and Cominalty and their Successors shall and may have take hold receive use exercise and enjoy all and singular the Guifts Graunts Liberties Priviledges Immunities Freedomes Benefitts Advantages Proffitts Comodities Power Ability and Authority herein before mentioned or by any Act or Acts of Parliament heretofore given graunted or confirmed unto the President Colledge or Cominalty aforesaid or any of them and not hereby altered changed made void or nulled without the lett hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever And that as fully and amply to all intents and purposes as the said President Colledge or Cominalty or any the Members thereof or any of them had used exercised or enjoyed or may might could or ought to have had used exercised or enjoyed the same or any thereof AND FURTHER of our like especiall grace certaine knowledge and meere motion WEE WILL and for us our heires and successors Doe promise and graunt to and with the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors by these presents that in the present or next Parliament or Session of Parliament of us our heires or successors now held or hereafter to bee called and held within this our Realme of England Wee our heires and successors will give and graunt our Royall and free assent and consent to any Act Bill or Petition by the said President Fellowes and Cominalty or their Successors or any of them in Parliament as aforesaid to bee exhibited or preferred and by the Lords Spirituall and Temporall and the Commonalty of the said Parliament to bee approved and assented unto for the better inabling authorising and investing of the said President Fellowes and Commonalty and their Successors to and with the severall Graunts Powers Priviledges Authorities Exemptions Immunities and other matters and things to them in or by these presents given graunted or confirmed or intended to bee to them given graunted or confirmed according to our gracious intent and meaning herein before specified and expressed AND FURTHER Wée will and by these presents for us our heires and successors Doe graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid and their Successors that these our Letters Patents and all and singular the Guifts Graunts Authorities Powers Priviledges and Immunities and other things herein conteyned shall bée good firme avayleable and effectuall in the Law to the intents and purposes aforesaid And shall bée in all and every of our Courts of Record and elsewhere had taken construed and adjudged most strongly against us our heires and successors and most benignely favourably and beneficially to and for the said President Fellowes and Cominalty and their Successors any Statute Act Ordinance Custome Vsage Guift Grant or any other matter or thing heretofore had made used ordeyned or provided to the contrary in any wise notwithstanding ALTHOUGH EXPRESSE MENTION of the true yearely value or certainty of the Premisses or of any of them or of any other Guifts or Graunts by us or any of our Progenitors or Predecessors heretofore made to the said President Fellowes and Cominalty of the Kings Colledge of Physitians aforesaid in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restriction heretofore had made enacted ordeyned or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding IN WITNESS whereof Wée have caused these our Letters to bée made Patents WITNESS our selfe att Westminster the Sir and twentieth day of March in the Fifteenth yeare of our Raigne By the King HOWARD A Royall Charter granted to the Apothecaryes of London 30 Maii 13 Jacobi REX omnibus ad quos c. salutem Cùm antehac per Litteras nostras Paten ' sub magno sigillo nostro Anglie confect ' geren ' dat' apud Westm ' nono die Aprilis Anno regni nostri Anglie Francie Hibernie quarto Scocie de gratia nostra speciali voluerimus ordinaverimus concesserimus quod omnes singuli liberi homines mysterii Grocer ' Pharmacopol ' Civitat ' London Successores sui deinceps imperpetuum pro meliori ordine gubernatione regimine hominum myster ' Grocer ' Pharmacopol ' Civitatis London ac pro utilitate commodo relevamine bonorum proborum ac formidine correctione malorum dolosorum improborum forent essent vigore earundem Litterarum Paten ' unum Corpus corporatum politicum in re facto nomine per nomen Custod ' Communitatis myster ' Grocer ' Civitat ' London eosdem per nomen Custod ' Communitat ' myster ' Grocer ' Civitat ' London unum corpus corporatum politicum in re facto nomine realiter ad plenum pro nobis heredibus successor ' nostris per easdem Litteras nostras Paten ' adtunc erexerimus fecerimus ordinaverimus constituerimus declar averimus quod per idem nomen successionem h'erent perpetuam prout per easdem Litteras nostras Paten ' inter alia pleniùs liquet apparet Jam verò quum nobis sit demonstratum ex parte dilectorum subditorum nostrorum Pharmacopol ' Civitat ' nostre London necnon nobis affirmatum approbatum per dilectos nobis Theodorum de Mayerne Henricum Atkins in Medicinis Doctores Medicos nostros discretos fideles Quod hiisce proximis annis quamplurimi Empirici homines ignari inexperti in Civitate nostra London ac ejusdem Suburbiis inhabitant commorantur qui in Pharmacopoli arte mysterio haud instituti sed in eadem imperiti rudes quamplurima insalubria nociva falsa corrupta perniciosa faciunt componunt medicamenta eademque in plurimas hujus regni nostri Anglie partes vendunt assidue transmittunt in convitium opprobrium non solùm Medicine sciencie illius colende Medicorúmque hujus regni nostri Anglie literat ' eandem profitentium necnon Pharmacopoeiorum Civitat ' nostre London in eadem arte mysterio educat ' expert ' verùm eciam in subditor ' nostror ' pericula assidua vite
Statutes Chirurgeons and Apothecaries are sought unto and Physicians seldome but in a desperate case are consulted with when the Patient is ready to dye and in this kind we have too many examples The consideration of these mischiefs redounding to the Church Commonwealth University and our Profession hath often troubled me when I had no power to prevent them But now seeing it hath pleased God and the King to conferre such power upon me that without me neither Licence nor Degree in Physick can be obtained at Cambridge for I have solicited Dr. Nichols and Dr. Allet to joyne with me and I have prevailed soe farre with them that they will doe nothing without me I doe intend by the grace of God to give way unto noe man to obtain a Licence or Degree without keeping an Act at the least c. unlesse it shall happen that with some one particular man it shall be dispensed withall by supreme Authority or in some extraordinary case But all this will be to little purpose unlesse your selfe and the College will solicite Dr. Clayton his Majestie 's Professor of Oxford and others of the faculty there to doe the like or rather Petition to my Lord's Grace of Canterbury who out of his innate goodnesse and clemency and zeale for the good of the Church and Commonwealth and the honour of the Universities I am fully perswaded will grant what you desire against Apothecaryes and Chirurgions and all others which without Licence or authority do practise Physick I could wish there were some course taken I know there be already good Lawes if they were put in execution Thus much in haste as you may perceive by my writing I thought good to signify unto you out of the gratefull respect which I beare unto your selfe and the whole College tendring the honour of our common Profession which I will maintain as much as in me lyes and vindicate from the invasions of Usurpers and Intruders I have exceeded I feare the bounds of a Letter but that you will pardon I hope considering the occasion And soe with a gratefull acknowledgment of your love and favour towards me and an ingenuous profession of much service I owe unto you I take my leave as one that will be ready upon the least signification to embrace your commands and execute them with all alacrity Yours in all dutifull respects Ralphe Winterton From the King's College in Cambridge Aug. 25. 1635. Mary Butler was complained of for giving Physick she undertook the cure of the dead Palsie on a Woman of whom she had 10 li. and also a promise of 10 li. more when the Cure was performed for which she sued the party After this she was complained of by one Mrs. Ellison for taking upon her to give Physick and in particular for undertaking to cure her the said Ellison to whom she gave C s. in hand with promise of as much more when she performed the Cure but this was so far from being obtained that she was never well since she took her medicines Mary Butler denied not that she gave her Physick but professed that she learnt her skill of a Jew and first avowed that she was authorised to practise Physick by Mr. Endymion Porter and Serjeant Clowes and when she understood that they could not license her so to practise she stick'd not to affirm that she had authority from the King and for the evidence and proof thereof shewed a Writ under Seal out of the Courts at Westminster for attaching one that had not paid her for a Cure she pretended to have done which Seal she made her Neighbours believe was a Licence for her practising of Physick She confessed she gave Physick to Mr. Richard Shipwright from Christmas till this present and so continues still She hath given him inward medicines and likewise cupped and scarified him she caused him to be let bloud in the forehead and under the tongue and in the foot and so she directed Mr. Whittel the Surgeon now dwelling in Croched Fryars For which her pains and physick she hath had already C. s. and is to have a C. s. more when he is well The Censors thought fit to send her to Newgate for these misdemeanours and fined her xv li. Iohn Hogsflesh Surgeon was accused by several for giving Physick having no skill nor authority so to doe Others complained of his giving purging Physick and Mercurial Unctions particularly one Anne Harvey made complaint for giving her husband physick for the Pox who died of that physick with his mouth full of Ulcers He had considerable sums of money from many And was charged for giving to one Iohn Gladwin 3 pills every other day for twice whereupon he vomited so vehemently that his sight and hearing failed him for a time This was proved by his own Letters as well as by Gladwin and his Wife and a third person The Censors condemned him to prison and fined him 10 li. In the 12th year of the King's Reign an Order was sent to the College from the Star-Chamber to examine the pretended Cures of one Leverett who said that he was a seventh Son and undertook the curing of several Diseases by stroaking A full and particular account of this whole affair is the following At the Star-Chamber the 20th of October 1637. Present Lord Archbishop of Cant. Lord Keeper Lord Treasurer Lord Privy Seal Earl of Dorsett Lord Cottington Lord Newburghe Mr. Treasurer Mr. Comptroller Mr. Secr. Coke Mr. Secr. Windebank WHereas upon the complaint of Mr. Serjeant Clowes against one Leverett a Gardiner for practising and taking upon him to cure the King 's Evill and all other Diseases the said Leverett was this day convented before the Board and heard in whatsoever he could alledge for himself Their Lordships conceiving his pretended Cures to be Impostures did then order that the President and some of the principal Members of the College of Physicians should be hereby authorised and required forthwith to call the said Leverett before them and to examine his said pretended Cures as well upon such information and proofes as shall be given them by Mr. Serjeant Clowes as by any other wayes and meanes which they shall think fit for discovery of the truth And likewise to cause him to make experiment of his said Cures in their presence and thereupon to make Certificate to this Board of what they shall find appeare before them and of their opinions concerning the same and in the meane time the said Leverett is to continue in the Messenger's Custody Ex. Edw. Nicholas 3 o Novembris 1637. Present Dr. Fox President Dr. Argent Dr. Harvey Dr. Caddiman Dr. Smith Dr. Winston Dr. Hodson Dr. Meverell Dr. Spicer Censors This day there was brought by Mr. Harvey Counsellour of Gray's Inn an Order from the Lords dated the 20th of October last concerning the practice of one Leverett who there appeared at the same time together with divers Men Women and Children that he said he had cured and pray'd the
Constable or other Officer to whom the delinquent was delivered should be registred Iohn Hunt was presented for setting up Bills for the Cure of several diseases He was pardoned conditionally that he set up no more neither practised for the future Dr. Gerard Boet was accused and confessed that he gave Physick to one Mrs. Stone sick of a Pleurifie being examined by the Censors as to his practice he was condemned by them of ill practice fined 10 l. and sent to the Compter in Woodstreet Mr. Phige Apothecary was charged by Mr. Tho. Canby for giving a Clyster several Papers of Powder and letting bloud one Mr. Robert Canby who was sick of a Dropsie Phige refused to give any other answer to the Censors than that if he had offended the Laws he was willing to satisfie them Robert Canby exhibited a note particularly expressing the said Phige his practice upon him signed with his own hand The Contents whereof he likewise attested to be true to the Censors Wherefore the practice of the said Phige was censured in the following words The Censors of the College of Physicians London at Mr. Robert Canby his request have taken into consideration the practice of Mr. Phige Apothecary used on the body of the said Mr. Canby and giâ—e their judgment That the practice of the said Phige was altogether unwarrantable dangerous and prejudicial to the health of the said Mr. Canby and the administration of his Medicines they censure evil and undue Subscribed John Clerk William Goddard Edmund Smith John Bathurst Mr. Philips Distiller of Waters and Spirits being accused of practice because he sold those Waters with notes how to use them promised that hereafter he would give no more directions Dr. Whitaker being summoned before the Censors was asked by what authority he practised Physick he replied that he had taken a degree at Leyden and was incorporated at Cambridge He behaved himself very rudely and insolently Wherefore Orders were forthwith given by the Censors for his prosecution at Law Andrew Kipping Surgeon confessed that he had practised Physick in London for 12 months He pleaded Letters testimonial given him by the President and Elects He was admonished by the President and Censors that for the future he should abstain from all practice Yet being after guilty of illegal practice proved against him order was given for his prosecution at Law the next Michaelmas Term. Iames Oyston Master of Arts in Edenburgh appeared before the President and Censors and produced Letters Patents from the Most Reverend the Arch-bishop of York and from the Right Reverend the Bishop of Durham whereby they had granted him a Licence of practising both Physick and Surgery But being now satisfied that by the Laws of the Kingdom those Licences were invalid He desired to pass the examination of the College that he might carry their Letters Testimonial into the Country with him His request was granted he examined and Letters Testimonial given him drawn up after the ordinary form FINIS THE INDEX A. ANatomy Liberty granted the College by Q. Eliz. Charter to take yearly 4 Bodies in London Middlesex or in any County within 16 miles p. 35 36. Liberty granted them by K. James his Charter to take 6 Bodies yearly for Anatomies in London Middlesex or Surrey 113. Antimonial Cup Several killed by the use of it p. 442 443. Apothecaries the principal heads of their Charter They and the Grocers made one Corporation 4 Jac. p. 119. The grounds for their obtaining this new Charter 119 120. By what Physicians it was approved 120. The Apothecaries separate from the Company of Grocers and made one Incorporation 120 121 123 124. Subject to the Magistracy of the City as well as other 121. The persons first incorporated 122 123. They were incorporated by the name of the Master Wardens c. and made a Body politick 126. Capable to purchase or sell lands 126 142. To have a Common Seal 127. To sue and be sued ibid. Power to chuse a Master two Wardens and 21 Assistants 128. To have an Hall ibid. To keep Courts ibid. To consult about Statutes Laws Articles c. ibid. The Master Wardens c. being 13 in number to make Laws for the government of the Society 129. In all their Orders concerning Medicines to advise with the President and four Censors of the College of Physicians 130. To punish by Fines and Amerciaments to the use of the Master c. without giving account 131. Their Fines to be moderate and not contrary to Law ibid. Their first Master Wardens and Assistants 131. 132. To take an Oath before the Attorney General c. 132. The Master and Wardens to be sworn before the Assistants ibid. Power granted to the Assistants to chuse a Master and Wardens 133. To chuse others in case of death or removal 134. To chuse new Assistants and swear them 135. To administer the Oath to the Master Wardens c. ibid. No Grocer to keep an Apothecaries shop under the penalty of 5 l. per mens 136. No Apprentice to be made free unless allowed by the President or some Physician or Physicians deputed by him who is or are to be present at his examination by the Master and Wardens 137 138. Power to enter Shops and Houses to search and try Medicines and to burn all unwholsome and hurtfull Medicines 139 140. Officers to be assistant to the Master Wardens c. in their search 140 141. Power to buy and sell Druggs c. 141. To chuse a Clerk who is also to be sworn 143. To chuse a Beadle and to give him his Oath 144. A saving of the power of the President and College of Physicians and their authority ibid. The College to have the same power in their searches to call the Master and Wardens of the Apothecaries Company as of the Grocers 145. What Medicines Surgeons may have for their own use ibid. Their wares Druggs and Stuffs to be searched by the Censors and burnt if found faulty 18 19 33 49 311 438. The forfeiture of an Apothecary refusing this search 19 33. The forfeiture of such as being elect refuse to be sworn or to make search 19. Magistrates shall assist Physicians in this their search 33. They are not to divulge the names of Medicines nor deliver Physicians Bills 310. They should expose their Ingredients to open view upon making a dispensation of Medicines 311. No poisonous or venemous Drugg to be sold by them without noting the name of the Buyer and time of buying unless there be a bill sent from some learned Physician for their discharge 312 436. Required by a Warrant from K. James his Council to deliver the bills of all illegal Practisers to the President and Censors 382. Not to compound or administer Medicines without prescription 437. In all their bills there should be entred the Patient's name the day of the month and year 344 345 466. Censured for falsifying bills 439 440. little advantaged by taking Degrees in Physick 443 444.
approved by the next Court and registred before any levy or execution be had thereof and after by Warrant to commit the party untill c. or levy it of his goods The 10 l. and 5 l. per Mensem excepted Appeal to Within one Month after the Fine approved in Court Visitors Constituted Power to receive and determine Appeals c. To the said Visitors or any two of them To remove the Cause before them To summon and swear Witnesses After sentence to remit the Cause All Judgments in such Appeal to stand good and no further relief or appeal after Provided if neglect of prosecution or the Appeal not determined within six Months the President and Censors to proceed as if no Appeal therein To proceed on Judgment in Appeal after remitted as in other case before Appeal Provided that no Offender be questioned but within a year after the Offence committed All Fines and Amerciaments given to the Colledge Except the penalties and forfeitures on Recognizances Power to sue for them and levy them as aforesaid All the Fines charges deducted to go to the poor 6 l. per ann reserved to the King Power to choose a Register His duty Power to choose other Officers To be sworn To put them out again c. To take Recognizances of Offenders * rect President and Censors or to the Vice-president and Censors in the absence of the President or any three To commit such as refuse to enter into Recognizance Goalers to receive and detain the Prisoners Penalty Liberty to take six Bodies yearly for Anatomies Provided they be buried after Liberty to purchase Lands 200 l. per ann Physicians not to be of Juries nor Churchwarden Constable nor Scavenger in London or seven miles distant c. Watch and Ward Bearing and providing Armes Confirmation of all former Grants Not hereby altered To consent to a Bill in Parliament for Confirmation Apothecaries and Grocers made one Corporation 4 Jac. The grounds for this New Charter Empiricks Hurtfull Medicines The Apothecaries separate from the Company of Grocers And made an Incorporation Subject to the Magistracy of the City as well as others The persons first incorporated were these 114. Natural Subjects And their Apprentices Separated from the Grocers And exempt from all Fines Amerciaments c. from the same By the name of the Master Wardens c. made a Body Politick Capable to purchase Lands c. by the same name In Fee-simple For term of years or otherwise To sue and be sued * fuerint To have a Common Seal At pleasure to be broken or altered Power to choose a Master Two Wardens and 21 Assistants To have an Hall or Council-house To keep Court or a Convocation To consult about Statutes Laws Articles c. The Master Wardens c. being 13 in number To make Laws For the Government of the Society In their Orders concerning Medicines to advise with the President and four Censors of the Colledge of Physicians To punish by Fines and Amerciaments To the use of the Master c. Without giving account But to be moderate and not contrary to Law Edm. Phillipps first Master Stephen Higgins and Tho. Fones first Wardens First Assistants To take an Oath before the Attorney-General c. The Master and Wardens to be sworn before the Assistants Power to the Assistants to choose a Master and Wardens Power to choose others in case of death or removal To choose new Assistants And swear them Power to administer the Oath to the Master Wardens c. No Grocer to keep an Apothecaryes shop Vnder the penalty of 5 l. Per Mensem No person to keep a Shop Till he have served seven years Apprentiship No Apprentice to be made free unless allowed by the President or some Physician deputed by him who is to be present at his Examination by the Master and Wardens And be examined * del tam. Power to enter Shops and Houses To search and try Medicines And burn all unwholsome and hurtfull Medicines Officers to be assistant to the Master Wardens c. in their search Power to buy and sell Drugs c Power to purchase Lands c. Power to sell To choose a Clerk Who is also to be sworn Power to choose a Beadle And give him his Oath A saving of the power of the President and Colledge of Physicians and their Authority The Colledge to have the same power in their searches to call the Master and Wardens of the Apothecaryes Company as of the Grocers What Medicines Surgeons may have for their own use * ditionis nostrae * profitebuntur * Suburbiis * medicis * illas * nuper * had endued * morbo * quo * ledebant * ditionis * gravium * earum * del hujusmodi * dicta * authorizat ' * authorizat ' * places * contingeret * Anglicâ— Action of false imprisonment Action of false imprisonment Serj. Harris the younger Term. Trin. ann 8 Car. 1. in B. R. Littleton's reports p. 168. Mich. 4 Car. Stat. 14 H. 8. cap. 5. Stat. 34 H. 8. cap. 8. Stat. 3 H. 8. cap. 11. 1 Mariae c. 9. Stat. 34 H. 8. Stat. 3 H. 8. Stat. 3 H. 8. Pleading Departure Patents Free Trade Penal Statute Information Courts Quarter Sess 21 Jac. c. 4. Informations Information Forfeiture to the Royal Court Action popular Information Stat. 14 H. 8. c. 5. Surgery Stat. 34 H. 8. c. 8. Potions Stat. repeal Stat. 34 H. 8. cap. 8. Stat. 1 Mariae Pleading Replication Departure Novel matter Stat. 37 Eliz. cap. 5. Lit. rep 212. Exposition of the word Medicina Stat. 14 H. 8. Stat. 3 H. 8. cap. 11. Information Stat. 8 E. 4. 31 Eliz. c. 5. Lit. rep p. 246. Statutes General Particular Pleading Confess and avoid Traverse Corporation Name Lit. rep p. 349. London Lond. ss Imprimis London ss A Copy of the Censors Warrant for the commitment of Empiricks to prison