A COLLECTION OF Acts of Parliament Charters Trials at Law and Judges Opinions Concerning Those GRANTS to the Colledge of Physicians London taken from the Originals Law-Books and Annals Commanded By Sir EDWARD ALSTON Kt. President and the Elects and Censors Made by CHRISTOPHER MERRETT Fellow and Censor Anno Dom. 1660. CONTENTS ACts 3. H. 8. pag. 1. Search for the Original 122 123 ACts 14 15. H. 8. 3. ACts 32. H. 8. 14 18. ACts 34 35. H. 8. 27. ACts 1. Mariae 30. Chirurgeons and their Liberties 18. Charters 10. H. 8. pag. 3. Confirmed 9 11 19 30 34 39 40 41 61. Queen Eliz. for Anatomies 34. King James 37. to be confirmed next Parl. 62. An Abridgment of it 134. Allowed in the Exchequer 65. His Letter in prosecution of it 130. The like from his Councel 133. Tryals Colledge versus Gardiner 67 110 112. Tryals Colledge versus Dr. Bonham 75. Bugge 65 Tryals Colledge versus Barton 101. Tryals Colledge versus Jenkins and Read 113. Tryals Colledge versus Barker 122. Tryals Colledge versus Trigge 124. Tryals Colledge versus Blanke 124 133. Tryals Colledge versus Butler 133. Bonham versus Colledge 79. Butler versus Colledge 106. Concerning the Kings Physicians 129. Lord chief Justice Pophams Resolves 113. Lord Chancellour Chief Justice and Judges resolves 116. Several tryals nonsuits and directions 122 123 124 133. 1. Form of a Declaration 67. 2. an Information in the Exchequer 67. 3. a Warrant to commit to prison 101. PRIVILEGES Coll. Incorporated pag. 4 5. To choose a President 5 To have a Common Seal 6. To purchase Lands 6 60 To plead and be impleaded 6 124. To make by-Laws 6 56 To have a Hall and meetings 55. To imprison non-payers of fines 52. To have all fines 53 57 To pay 6 l. per annum for those fines 63. Not to be in Inquests juries c. 8. Freed from Watch Ward and Offices 15. Freed from Armes compare 19 22. 61 126. May practise Chirurgery 18. Elects to be chosen 10. What Physicians they may licence 11 Register his office and oath 57 58 Officers to choose and swear 58 59 Censors are to be yearly chosen their office concerning Physicians and Medicines 7 May fine and imprison for mala praxis 7 31 32 47 And for that only 97 98 Keepers to receive whom they commit to prison 31 Must be sworn 16. their forfeiture for non-swearing and searching 16 May search Apothecaries c. shops 16 32 44 50 52 Apothecaries refusing search how fined 17 33. May summon examine fine and convent Physicians and witnesses 45 51. May fine and imprison witnesses not appearing c. 46 May swear witnesses 49. May take a bond of 100 l. for no farther practise 59 May punish non admissos and how 47. Discovery of offenders and how 48 May convent Apothecaries c. 51 Admitted by the Vniversities 3 11 75 Colledge 7. Bishops 2 3. Elects 11 Penalty of non admissi 2 7 42 By the Common Law 66 In what cases any person may Practise 27. ANNO TERTIO HENRICI Octavi CAP. XI By whom every Physician and Chirurgeon shall be allowed TO the King our Soveraign Lord and to all the Lords Spiritual and Temporal and Commons in this present Parliament assembled For as much as the science and cunning of Physick and Chirurgery to the perfect knowledge whereof be requisite both great learning and ripe experience is daily within this Realm exercised by a great multitude of ignorant persons of whom the greater part have no manner of insight in the same nor in any other kind of learning some also can no letters on the book so Inconveniences ensuing by ignorant persons practising Physick or Chirurgery far forth that common Artificers as Smiths Weavers and women boldly and customably take upon them great cures and things of great difficulty in the which they partly use sorcery and witchcraft partly apply such medicines unto the disease as be very noyous and nothing meet therefore to the high displeasure of God great infamy to the Faculty and the grievous hurt damage and destruction of many of the Kings liege people most especially of them that cannot discern the uncunning from the cunning Be it therefore to the surety and comfort of all manner people by authority of this present Parliament Enacted That no person within the City By whom they which practise Physick or Chirurgery in London c. shall be allowed St. 14. H. 8. 5. 34. H. 8. 8. of London nor within seven miles of the same take upon him to exercise and occupy as a Physician or Chirurgeon except he be first examined approved and admitted by the Bishop of London or by the Dean of Pauls for the time being calling to him or them four Doctors of Physick and for Chirurgery other expert persons in that Faculty and for the first examination such as they shall think convenient and afterward alway four of them that have been so approved upon the pain of forfeiture for every moneth that they do occupy as Physicians or Chirurgeons not admitted not examined after the tenour of this Act of v. li. to be imployed the one half thereof to the use of our Soveraign Lord the King and the other half thereof to any person that will sue for it by action of debt in which no wager of Law nor protection shall be allowed And over this that no person out of the said A Physician or Chirurgeon allowed by the Bishop of the Diocese City and precinct of vii miles of the same except he have been as is aforesaid approved in the same take upon him to exercise and occupy as a Physician or Chirurgeon in any Diocese within this Realm but if he be first examined and approved by the Bishop of the same Diocese or he being out of the Diocese by his Vicar general either of them calling to them such expert persons in the said faculties as their discretion shall think convenient and giving their Letters testimonials under their Seals to him that they shall so approve upon like pain to them that occupy contrary to this Act as is above said to be levied and imployed after the form before expressed Provided alway that this Act nor any thing The Priviledges of Oxford and Cambridge therein contained beprejudicial to the Universities of Oxford and Cambridge or either of them or to any priviledges granted to them Rast pla fol. 426. Anno xiiii xv Henrici octavi CAP. V. The priviledges and authority of Physicians in London IN their most humble wise shew unto your Highness your true and faithful subjects and liege men John Chambre Thomas Linacre Fernandus de Victoria your Physicians and Nicholas Halsewell John Fraunces and Robert Yaxley and all other men of the same faculty within the City of London and seven miles about that where your Highness by your most gracious Letters Pattents bearing date at Westminster the 23. day of September A body corporate of the faculty
within the City of London except he be a Freeman of the same Corporation and Company And furthermore at such times as have been heretofore accustomed there shall be chosen by Four Wardens shall be chosen and their authority the same Company four Masters or Governors of the same Corporation or Company of the which four two of them shall be expert in Chirurgery 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 inconveniences as shall be found among the said Company using Barbery or Chirurgery as well of freemen as foreins aliens and strangers within the City of London and the circuit aforesaid after their said discretions And if any person The forfeitures of the offenders or persons using any Barbery or Chirurgery at any time hereafter offend in any of these Articles aforesaid then for every moneth the said persons so offending shall lose forfeit and pay five pounds the one moity thereof to the King our Soveraign Lord and the other moity to any person that will or shall sue therefore by action of debt bill plaint or information in any the Kings Courts wherein no wager of law essoine or protection shall be admitted or allowed in the same Provided that the said Barbers and Chirurgeons and every of them shall bear and pay lot and scot and such other charges as they and their predecessors have been accustomed to pay within the said City of London this act nor any thing therein contained to the contrary hereof in any wise notwithstanding Provided alway and be it enacted by authority Any person may keep a Barber or Chirurgeon as his servant aforesaid that it shall be lawful to any of the Kings Subjects not being Barber or Chirurgeon to retain have and keep in his house as his servant any person being a Barber or Chirurgeon which shall and may use and exercise those arts and faculties of Barbery and Chirurgery or either of them in his masters house or elsewhere by his Masters license or commandement any thing in this Act above written to the contrary notwithstanding Anno xxxiiii xxxv Henrici octavi CAP. VIII Any person being no common Chirurgeon may minister outward medicines WHere in the Parliament holden at Westminster in the third year of the Kings 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 them to exercise and occupy as Physician or Chirurgeon 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 By what means the Chirurgeons of London have abused the Statute of 3. H. 8. 11. for their own gain the company and fellowship of Chirurgeons of London minding only their own 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 been pained with customable diseases as womens brests being sore a pin and the web in the eye uncomes of hands scaldings burnings sore mouthes the stone strangury saucelim and morfew 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 only for neighbourhood and Gods sake and of pity and charity And it is now well known that the Chirurgeons 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 Chirurgery as daily do but the great part of Chirurgeons admitted been much more to be blamed then those persons that they trouble For although the most part of the persons of the said craft of Chirurgeons 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 than do them good In consideration whereof and for the ease comfort succour help relief and health of the Kings poor Subjects inhabitants of this his Realm now pained or diseased or that hereafter shall be pained or diseased Be it ordained established and enacted by the authority of this present Parliament that all time from henceforth it shall be lawful to every person being the Kings Subject having knowledge and experience of the nature of herbes roots and waters or of the operation It shall be lawful for any person to cure outward sores notwithstanding the Statute of 3. H. 8. 11. of the same by speculation or practise within any part of the Realm of England or within any other the Kings Dominions to practise use and minister in and to any outward sore uncome wound apostemations outward swelling or disease any herb or herbs oyntments bathes pultes and emplasters 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 losse of their goods the foresaid Statute in the foresaid third year of the Kings most Gracious reign or any other Act Ordinance or Statute to the contrary hereof heretofore made in any wise notwithstanding Anno primo MARIAE Sessio secunda CAP. IX The Incorporation of Physicians in London WHereas in the Parliament holden at London the fifteenth day of April in the fourteenth year of the reign of our late Soveraign Lord King Henry the eighth and from thence adjourned to Westminster the last day of July in the fifteenth year of the reign of the same King and there holden It was enacted that a certain Grant by Letters Pattents of incorporation made and granted by our said late King to the Physicians of London and all clauses and Articles contained in the same Grant should be approved granted ratified and confirmed by the same Parliament For the consideration thereof be it enacted by A confirmation of the St. of 14. H. â— 5. touching the Corporation of Physicians of London authority of this present Parliament that the said Statute or act of Parliament with every article and clause therein contained shall from henceforth stand and continue still in full strength force and effect Any Act Statute Law Custome or any other thing made had or used to the contrary in any wise notwithstanding And for the
the best learned wisest and most discreet 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 vertue of this present Act have full authority and power as oâ—ten as they shall think meet 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 only to search view and see such Pothecary Wares Drugs and stuffes as the said Apothecaries or any of them have or at any time hereafter shall have in their house or houses And all such Wares Drugs and stuffes as the said four persons shall then find defective corrupted and not meet nor convenient to be ministred in any medicines for the health of mans 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 meet 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 before said 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 The forfeiture of an Apothecary that refuseth to have his house searched St. 1. M. 9. to this Act for every time that he or they do o offend do 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 Kings Courts wherein no wager of law essoine or protection shall be allowed And if the said four persons or any The forfeiture of such as being elect refuse to be sworn or to make search of them so elected and chosen as before is said do refuse to be sworn or after his said oath to him â—â— 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 lawful 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 forty shillings And forasmuch as the Science of Physick doth comprehend include and contain the knowledge Any of the Physicians of London may practise Chirurgery of Chirurgery 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 CAP. XLII The authority and liberties of Barbers and Chirurgeons in London being made of one Company THe King our Soveraign 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 their common assents duly pondering among other things necessary for the Common-wealth of this Realm that it is very expedient and needful to provide for men expert in the Science of Physick and Chirurgery 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 practise of the Science and faculty of Chirurgery be abiding and inhabiting and have more commonly the daily exercise and experience of the same Science of Chirurgery then 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 for as much as within the said City of London there be now two several and distinct Companies of Chirurgeons occupying and exercising the said Science and Faculty of Chirurgery the one Company being By whom and at what time the Barbers of London were incorporate commonly called the Barbers of London and the other Company called the Chirurgeons of London which Company of Barbers be incorporated to sue and be sued by the name of Masters or Governors of the Mystery and Communalty of the Barbers of London by vertue and authority of the Letters Patents under the great Seal of the late King of famous memory King Edward the fourth dated at Westminster the four and twentieth day of February in the first year of his reign which afterward as well by our most dread Soveraign Lord as by the right noble and vertuous Prince King Henry the seventh Father unto the Kings most excellent Highness now being were and be confirmed as by sundry Letters Patents thereof made amongst other things in the same contained more at large may appear And the other Company called the Chirurgeons be not incorporate The benefit like to ensue by joyning the Barbers and Chirurgeons in one Company nor have any manner of Corporation which two several and distinct Companies of Chirurgeons were necessary to be united and made one body incorporate to the intent that by their union and often assembly together the good and due order exercise and knowledge in the said Science or Faculty of Chirurgery should be as well in speculation as in practise both to themselves and all other their said servants and apprentices now and hereafter to be brought up under them and by their learning and diligent and ripe informations more perfect speedy and effectual remedy should be then it hath been or should be if the said two Companies of Barbers and Chirurgeons should continue severed asunder and not joyned together as they before this time have been and used themselves not medling together Wherefore in consideration of the Premises be it enacted by the King our Soveriagn Lord and by the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the authority of the same That the said two several and distinct Companies of Chirurgeons that is to say both the Barbers and the Chirurgeons and every person of them being a freeman of either of the said Companies
after the custome of the said City The Barbers and Chirurgeons of London made one Company and incorporated of London and their successors from henceforth immediately be united and made one entire and whole body corporate and one Comminalty perpetual which at all times hereafter shall be called by the name of Masters or Governours of the mystery Comminalty of Barbers and Chirurgeons of London for evermore and by none other name And by the same name to implead and be impleaded before all manner of Justices in all Courts in all manner of Actions and Suits And also to purchase enjoy and take to them and to their successors all manner of lands tenements rents and other possessions whatsoever they be and also shall have a common Seal to serve for the business of the said Company and Corporation for ever And by the same name peaceably quietly and indifferently have possess and enjoy to them and to their successors for ever all such lands and tenements and other hereditaments whatsoever which the said Company or Comminalty of Barbers have and enjoy to the use of the said Mystery and Comminalty of Barbers of London And also shall peaceably and quietly have and enjoy all and singular benefits grants liberties priviledges franchises and free customes and also all manner of other things at any time given or granted unto the said Companies of Barbers or Chirurgeons by whatsoever name or names they or any of them were called and which they or any of them now have or any of their predecessors have had by acts of Parliament Letters Pattents of the Kings Highness or other his most noble progenitors or otherwise by any lawful means had at any time afore this present Act in as large and ample manner and form as they or any of them have had might or should enjoy the same this union or conjunction of the said companies together notwithstanding And as largely to have and enjoy the premises as if the same were and had been specially and particularly expressed and declared with the best and most clearest words and terms in the law to all intents and purposes And that The Barbers and Chirurgeons in London shall be exempt from bearing of armes or to be in watches or inquests 5. H. 8. 6. all persons of the said Company now incorporate by this present Act and their successors that shall be lawfully admitted and approved to occupy Chirurgery after the form of the Statute in that case ordained and provided shall be exempt from bearing of armour or to be put in any watches or inquests And that they and their successors shall have the search oversight punishment and correction as well of Freemen as of foreins for such offences as they or any of them shall commit or do against the good order of Barbery or Chirurgery as afore this time among the said mystery and Company of Barbers of London hath been used and accustomed according to the good and politick rules and ordinances by them made and approved by the Lords Chancellor Treasurer and two chief Justices of either Bench or any three of them after the form of the Statute in that case ordained and provided 19. H. 7. 7. And further be it enacted by the authority The Chirurgeons may take yearly four condemned persons for Anatomies aforesaid that the said Masters or Governors of the Mystery and Comminalty of Barbers and Chirurgeons of London and their successors yearly for ever after their said discretions at their free liberty and pleasure shall and may have and take without contradiction four persons condemned adjudged and put to death for felony by the due order of the Kings Lawes of this Realm for Anatomies without any further suit or labour to be made to the Kings Highness his Heirs or Successors for the same And to make incision of the same dead bodies or otherwise to order the same after their said discretions at their pleasures for their further and better knowledge instruction insight learning and experience in the said Science or Faculty of Chirurgery Saving unto all persons their heirs and successors all such right title interest and demand which they or any of them might lawfully claim to have in or to any of the lands and tenements with the appurtenances belonging unto the said Companie of Barbers and Chirurgeons or any of them at any time afore the making of this Act in as ample manner and form as they or any of them had or ought to have had heretofore Any thing in this present Act comprised to the contrary hereof in any wise notwithstanding And forasmuch as such persons being of the Mystery or Faculty of Chirurgery oftentimes meddle and take into their cure and houses such sick and diseased persons as been infected with the pestilence great Pocks and such other contagious infirmities do use or exercise Barbery as washing or shaving and other feats thereunto belonging which is very perillous for infecting the Kings liege people resorting to their shops and houses there being washed or shaven Wherefore it is now enacted or dained and provided by the authority aforesaid that no manner person within the City of London Suburbs of the same and one mile compass of the said City of London after the Feast of the Nativity of our Lord God next coming using any Barbery or shaving No Barber in London shall use Chirurgery or that hereafter shall use any Barbery or shaving within the said City of London Suburbs or one mile circuit of the same City of London he nor they nor none other for them to his or their use shall occupy any Chirurgery letting of bloud or any other thing belonging to Chirurgery drawing of teeth only except And furthermore in like manner whosoever that useth the mystery or craft of Chirurgery within the No Chirurgeon in London shall use the art of shaving circuit aforesaid as long as he shall fortune to use the said mystery or craft of Chirurgery 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 Chirurgery for the time being as well freemen as foreins 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 Saint Michael the Archangel next coming shall have an open sign on the street side where Every Chirurgeon in London shall have a Sign at his door they shall fortune to dwell that all the Kings liege people there passing by may know at all times whether to resort for their remedies in time of necessity And further be it enacted by the authority asoresaid None shall be a Barber in London but a Freeman of that Company That no manner of person after the said Feast of Saint Michael the Archangel next coming presume to keep any shop of Barbery or shaving
ubique per Civitatem nram London invalescentem de advisamento assensu consilii nri assignavimus vos ac vobis tenore presencium committimus potestatem auctoritatem spialem ad presens Parliamentum nrm usque Westm ad diem Veneris prox futur prorogand continuand ibidemque tenend dantes ulterius univsis singulis tam Archepis Epis Abbibbus Prioribbus Ducibbus Comitibbus vicecomitibbus Baronibbus Militibbus Civibbus Burgensibbus qm omnibus aliis quor interest ad dictum Parliamentum nrm praedict conventur tenore presenciuÌ„ sirmiter in mandatis qd vob in premissis faciend exequend pareant obediant intendant prout decet In cujus rei Testimon has Iras nras fieri fecimus Patentes Teste meipo apud Westm xxix die Julii Anno Regni nri Quinto decimo Qua quidem Commissione publice per Clicum Parliamenti lca dcus Reverendssimus Dns Legatus Cancellarius virtute ejusdem Commissionis prorogavit continuavit adjornavit presens Parliamentum usque Westm ad diem veneris tunc prox futur ibidemque tenend hora consueta Mandavit insuper dcus Reverendissimus Dns Legatus Cancellarius Attorn Solicitatori Dui Regis qd assumpta secum dca Commissione die sequenti accederent in domum Coem intimaturi eis de domo coi dcam prorogacoem continuacoem adjornacoem lcurique coram eis dcam Commissionem ad intencoem quod ipsi Coes diem prefixum apud Westm observent prout decet Die Jovis tertio decimo die mensis Augusti Cxxx. Confirmation of this Act c. die Parliamenti ad horam ferme sextam post meridiem Dno Rege in solâ—o matis sedente in Camera vulgariter dca Camera Parliamentor infra palaâ—ium suum Westm assidentibbus dnis tam spiritualibbus hatibbus sive robis Parliamentaribbus decoratus presente etiam de domo coi sive inferiori toto populo plebe Thomas Moore miles eor Prolocutor silentio prius indict gravit eloquent magno cum honoris humilitatis ac modest honestament regiam affatus est Matem â—and summis merit quidem extolleâ—s laudibbus dotes graves nature fortune eidem sue Mati a Deo maximo concessas copiosissime prosequebatur magnam in prudencia excellenciam promptam fortitudinis agilitatem mirum temperancie moderamen divinum justitie ardorem Innatam clemencie erga subditos benignitatem subditor erga eandem suam majestaâ—em amorem obedientiam ac debitam observantiam multa per exempla declarabat In cujus rei comprobaconem quoddam scripâ—um Indentatum concessionem cujusdam maximi Subsidii in se continen Regiae Mati optulit Argumentum certe evidentissimum suÌ„me devocois â—onor Regem subditor Cui tam excellenti â—racoi fineâ— tâ—m imposito dictus Reverendissimas Dns Legatus Cancellarius Dno Rege prius consult singula egregie recitando respondebat Quo fact idem Reverendissimus Dns Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita fca ex mandato Dni Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lcis singulis per Clcum Parliamenti responcoe secdm annâ—tacoes Regiae voluntatis declarativas a dorso scriptas fca dictus Reverendissimus Dns legatus Cancellarius exhortando admonendo noie Regis omnes Dnos Coes supradictos ut diligent ordinata Statuta pro bono publico in hoc Parliamento observarent ab aliis observari procurarent post grat ex parte Dni Regis accoem dict Dnis Coibbus pro â—or diligenti laboriosa perseverancia circa expedicoem premissor Parliamentum predictum noie Regio duxit finiend dissolvend illud realit finivit perit dissolvit concedens omnibbus liberam ad propria recedendi facultatem Anno Regni sup dicti metuendissimi ac potentissimi Dni nri Regis Quinto decimo Anno xxxii Henrici octavi CAP. XL. Priviledges granted to Physicians in London IN most humble wise shewen unto your Majesty your true and faithful subjects and liege men the President of the corporation of the comminalty and fellowship of the science and faculty of Physick in your City of London and the Commons of the fellowes of the same that whereas divers of them many times having in cure as well some of the Lords of your most honourable Councel and divers times many of the Nobility of this Realm as many other your faithful and leige people cannot give their due attendance to them and other their patients with such diligence as their duty were and is to do by reason they be many times compelled as well within the City of London and Suburbs of the same 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 The Physicians in London shall be discharged to bear certain offices there President of the said Comminalty and fellowship for the time being and the commons and fellowes of the same and every fellow thereof that now be or that 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 be chosen Constable or any other officer 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 waies 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 custome or law to the contrary before this time used in the said City notwithstanding 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 Four Physicians shall be chosen yearly to search Apothecary wares in London henceforth the said President for the time being commons and fellowes and their successors may yearly at such time as they shall think most meet and convenient for the same elect and choose four persons of the said commons and fellows of
corpora humana ad discindend anatomizand quod jure publico hujus regni furti homicidii vel cujuscunque felonie condemnatum mortuum fuerit vel que jure publico hujus regni furti homicidii vel cujuscunque felonie condemnat mort fuerint intra Comitatum Midd. vel infra Civitatem London predictam vel alibi ubicunque infra sedecim miliaria predict Civitatis prox in quocunque Comitatu sine impedimento nostri heredum vel successorum nostrorum aut vicecomitum Ballivorum servient ad clavam seu aliorum officiariorum aut subditorum nostrorum quorumcunque sive eorum alicujus Et Quod licebit eidem presidenti Collegii communitati predict successoribus suis aliis quibuscunque eorum assignatis medicine professoribus seu expertis eadem corpora secare dividere aliter pro voluntate judicio suo cum ea reverentia qua humane carni debetur tractare ad incrementum cognitionis medicine experimentum ejusdem ad salutem ligeorum nostrorum sine contradictione alicujus Et hoc absque ulla pecuniarum summa vel ullis pecuni arum summis pro eisdem reddend seu cuicunque solvend Proviso semper quod cum hujusmodi anatomia de tempore in tempus transacta perfecta fuerit predicta corpora sumptibus ipsorum presidentis successorum suorum debitis exequiis sepulture committaÌ„tur Eo Quod expressa mentio de vero valore Annuo aut de aliquo alio valore vel certitudine premissorum sive eorum alicujus aut de aliis donis sive concessionibus per nos vel per aliquem Progenitorum nostrorum prefatis presidents Collegii sive communitati facultatis medicine Londini ante haec tempora factis in presentibus minime fact existit Aut aliquo statuto Actu ordinatione proclamacoe provisione sive restricoe inde in contrarium habit fact edit ordinat sive provis Aut aliqua alia re caussa vel materia quacunque in aliquo non obstante In cujus rei testimonium has litteras nostras fieri fecimus Patentes Teste meipa apud Westmonasterium vicesimo quarto die Februarii Anno regni nostri septimo Per breve de privato sigillo c. Naylour Letters Pattents granted by King JAMES to the Colledge of Physicians in London dat 8. Octobr 15º regni sui JAmes by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come greeting Whereas our most noble and Preamble renowned Predecessors King Henry the eight late King of this our Realm of England in his Princely wisdome deeply considering and by the example of forein well governed States and Kingdomes truly understanding how profitable beneficial and acceptable it would be unto the whole body of this Kingdome of England to restrain and suppress the excessive number of such as daily professed themselves learned and profound practisers in the Faculty of Physick whereas in truth they were men illiterate and unexperienced rather propounding unto themselves their private gain with the detriment of this Kingdome then to give relief in time of need And likewise duly considering that by the rejecting of those illiterate and unskilful practisers those that were learned grave and profound practisers in that Faculty should receive more bountiful reward and also the industrious Students of that profession would be the better encouraged in their studies and endeavours For these and many other weighty motives Recital of the Patent of incorporation causes and considerations our royal and Princely Predecessor King Henry the eight by his Letters Pattents bearing date at Westminster the three and twentieth day of September in the Tenth year of his reign of his especial grace and Princely favour did erect found and establish a Colledge Comminalty or Incorporation of Physitians in the City and Suburbs of London and for seven miles every way in distance from the same to be remain and have existence for ever and by the same Letters Pattents our aforesaid noble Predecessor did further give and grant unto John Chambre Thomas Linacre Ferdinando de Victoria Nicholas Halsewell John Francis and Robert Yaxley then learned discreet and profound practisers in the said Faculty of Physick in the foresaid City of London That they and all of the said Faculty of Physick of and in the foresaid City of London should for ever from thenceforth be in name and deed one Body Comminalty and Colledge And further by the said Letters Pattents did give and grant unto the said Colledge and Comminalty full power ability and authority for ever annually to elect and make one of the said Colledge or Comminalty to be President of the said Colledge Corporation and Comminalty And that the said President so elected and made and the said Colledge and Comminalty should have perpetual succession and a common Seal for the behoof and benefit of the said Presideut Colledge and Comminalty and their Successors for ever And also by the said Letters Pattents did further give and grant unto the said President Colledge and Com. minalty and their Successors divers and sundry other liberties priviledges immunities power ability and authority not only to and for the benefit advantage and commodity of the foresaid President Colledge and Comminalty and their Successors but also for the more certain and easier discovery speedy restraint and certain repressing of the before mentioned unskilful and illiterate practisers in the said faculty of Physick as aforesaid As by the foresaid Letters Patents remaining of record amongst other things therein contained more plainly and fully it doth and may appear Which said Letters Patents and Confirmed by Parliament 14. H. 8. all and every Grant Article and other thing contained and specified in the same were by Act of Parliament made in the xiiii year of the reign of our said noble predecessor King Henry the eight approved granted ratified and confirmed and clearly authorised and admitted by the same good lawful and available to the said body corporate and their successors for ever and that the best construction that might be invented should be made thereof and of every part and parcel thereof for the best benefit behoof power and authority of the foresaid President Colledge and Corporation of Physicians as aforesaid And further by other several Acts of Parliament divers and sundry other Priviledges liberties By other Acts. ability power and authority are and were established ordained given and granted unto the said President Colledge and Corporation of Physicians and their successors as by the said several Acts of Parliament thereof made more fully and at large it doth and may appear Sithence the making of which said Letters patents and several Acts of Parliament we do nevertheless daily find that divers enormities and abuses not as yet sufficiently provided for and New Abusâ—s reformed do 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 deceit of Physicians Apothecaries Druggists and such like and are likely much more to abound unless timely and festine remedy be by us provided and applied for the curing of so publique a disease Know ye therefore that we graciously affecting so pious K. James's Grants and charitable a work and intending hereby a more full and perfect reformation of the said abuses grievances and enormities which these later times have abundantly brought forth in this our Realm out of our Princely disposition and care for the repressing thereof and of our special grace certain knowledge and meer motion at the humble Petition aswell of our trusty and well beloved Henry Atkins Doctor in physick now President of the said Colledge and one of our Physicians Theodorus de Maierne Doctor in Physick one other of our Physicians Thomas Mounford and Edward Lister Doctors in Physick Fellowes and Elects of the said Colledge as of other the Doctors of the said Colledge have given granted ratified approved allowed and confirmed and by these presents do for us our Heirs and Successors give grant ratifie approve allow and confirm unto the aforesaid President and Colledge or Comminalty and their A Confirmâ—tion of all former Patents and Acts of Parliament Successors the said Letters patents of our said noble predecessor King Henry the Eight herein before mentioned and every article clause gift and grant therein contained and not herein altered for the honour peace and quiet of the said Colledge and that the said President and Colledge or Comminalty and their Successors shall and may for ever hereafter have receive take retain keep use exercise and enjoy all and singular such rights titles liberties priviledges immunities freedoms executions ability power authority and other things as by the said Letters patents or by any Acts of Parliament are or were given granted or confirmed or were thereby mentioned or intended to be given granted or confirmed notwithstanding the not using misusing or abusing of the same and that the same Letters Patents and every article and clause therein contained shall be adjudged taken and construed most benignly and favourably to and for the best benefit avail and advantage of the foresaid President and Colledge or Comminalty or their Successors any Ordinance Custome or usage to the contrary in any wife notwithstanding And whereas our said noble Predecessor by the aforesaid Letters patents amongst other things therein contained hath given and granted unto the foresaid President and Colledge or Comminalty and their Successors and thereby expresly appointed and provided that no person whatsoever should exercise Against not adâ—â—â—â—ed the said Faculty of Physick within the aforesaid City of London or within seven miles in circuit thereof unles the said person should first be admitted to do the same by the foresaid President and Colledge or Comminalty or their Successors by Letters testimonial of the said President and Colledge or Comminalty sealed with their common Seal upon pain of forseiting sive pounds for every moneth wherein the said persons should exercise the said faculty being not admitted thereunto the one half thereof to be forâ—â—ited and given to our said Predecessor his heirs and successors and the other half thereof to be forfeited and given to the said President and Colledge or Comminalty and their Successors as by the said Letters patents may appear Now know ye That we in our Princely wisdome Power to sue for the Peâ—â—lues dâ—epâ—y considering how needâ—ul it is and will be that all and singular person and persons practising or exercising the said faculty of physick contrary to the intent and true meaning of the foresaid Letters patents shall be duly and condignly punished and for the better encouragement of the foresaid President and Colledge or Comminalty and their Successors to sue for the said penalty of five pounds specified and mentioned by the said Letters patents of our especial grace certain knowledge and meer motion Have given and granted and by these presents for us our heirs and successors do give and grant unto the said President and Colledge or Comminalty and their Successors full power and lawful authority in the name of us our heirs and successors or otherwise in their own name by the name of the President and Colledge of the Faculty of Physick within the city of London in any our Courts of record or in any other place or places within this our Realm according to our Lawes to sue for recover and have execution of and for all and singular such penalties forfeitures sum and sums of money as now are or hereafter from time to time shall accrew or grow due unto us our heirs or successors or to them by force or vertue of the foresaid Letters patents or any the said Statutes or any clause or thing in them or in these presents contained other then the Recognizance hereafter expressed or by reason or means 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 shall be duly recovered levied or received as aforesaid We will and by these presents Penalties to the Colledgâ— use only for us our heirs and successors do give and grant the same penalties forfeitures and sums of money and every part and parcel thereof to the said President and Colledge and Comminalty and their Successors to be retained had taken converted and enjoyed to their sole and proper use benefit and behoof without rendring making or yielding unto us our heirs or successors any part or parcel thereof or any rent accompt or recompence for the same other then the yearly rent hereafter by these presents reserved the said Letters patents or any the said Statutes before mentioned or any clause article or reservation in them or any of them contained to the contrary hereof in any wise notwithstanding And we do further by these presents of our especial grace certain knowledge and meer motion for us our heirs and successors give and grant unto the foresaid President and Colledge or Comminalty and their Successors that the four persons to be annually chosen by the said To the Censors power to survey â—ll Meâ—lieâ—nes President and Colledge or Comminalty for the time being and their Successors according to the intent and meaning of the foresaid Letters patents of our said Predecessor King Henry the Eight now commonly called the four Censors of the said Colledge or any three of them for the time being shall have full power and lawful authority at all time and times hereafter when and as often as to the said four Censors or any three of them shall seem requisite and convenient to examine survey goverâ— correct and punish all and singular Physicians and Practisers in the faculâ—y of Physick Apothecaries Druggists Distiâ—â—ers and Sellers of Waâ—eâ—s or Oyls Preparers of Chymical Medicines to be â—old or imployed
sealed with the Common Seal which is not so in keeping shall be void and the opinion of the Court that this is a void Statute for it is imperttinent to be observed being the Seal in their keeping the Abbot cannot Seal any thing with it and when that it is in the hands of the Abbot it is out of their keeping ipsofacto And if the Statute shall be observed every common Seal shall be defeated by one simple surmise which cannot be tried and for that the Statute was adjudged void and repugnant And so the Statute of Glocester which gives Cessavit after Cesser by two years to be brought by the Lessor himself was a good and equitable Statute But the Statute of Westminster 2. chap. 3. which gives Cessavit to the Heir for Cesser in time of his Ancester and that that was judged an unreasonable Statute in 33. Ed. 3. for that that the Heir cannot have the arrearages due in the time of his Father according to the Statute of Glocester and for that it shall be void And also the Physicians of the Colledge could not punish any by Fine and also by Imprisonment for no man ought to be twice punished for one offence and the Statute of 1. Mariae doth not give any power to them to commit for any offence which was no offence within the first Statutes for that he ought not to be committed by the said Statute of 1. Mariae But admitting that they may commit yet they have mistaken it for they demand the whole hundred shillings and one half of that belongs to the King And also they ought to commit him forthwith as well as Auditors which have Authority by Parliament to commit him which is found in arrearages But if he do not commit him forthwith they cannot commit him afterward as it appears by 27. H. 6. 9. So two Justices of the Peace may view a force and make a Record of that and commit the offenders to Prison but this ought to be in Flagranti Oriente and if he do not commit those immediately upon the view he cannot commit them afterwards and the Physicians have no Court but if they have yet they ought to make a Record of their commitment for so was every Court of Justice But they have not made any Record of that And Auditors and Justices of Peace ought to make Records as it appears by the Book of Entries So that admitting that they may commit yet they ought to do it forthwith but in this case they cannot commit till the party shall be delivered by them for this is against Law and Justice and no Subject may do it but till he be delivered by due course of Law for the commitment is not absolute but the cause of that is traversable and for that ought to justifie for special cause for if the Bishop returns that he refuses a Clerk for that he is Schismaticus Inveteratus this is not good but they ought to return the particular matter So that the Court may adjudge of that Though it be a matter of Divinity and out of their Science yet they by conference may be informed of it and so of Physick And they cannot make any new Lawes but such only which are for the better government of the old and also he said plainly that it appears by the Statute of 1. Mariae That the former Statutes shall not be taken by equity for by these the President and Commons have power to commit a Delinquent to Prison and this shall be intended if they shall be taken by equity that every Goaler ought to receive him which is so committed But when it is provided by 1. Mariae specially that every Goaler shall receive such offenders That by this appears that the former Statute shall not be taken by equity And so he concluded that Judgement shall be entred for the Plaintiff which was done accordingly Coke in the conclusion of his argument observed these 7. things for the better direction of the President and Comminalty of the said Colledge for the time to come 1. That none may be punished for practise of Physick in London but by the forfeiture of 5 l. a Month which is to be recovered by Law 2. If any one practise Physick there less then a Moneth 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 whom they may commit to prison by the Statute ought to be committed presently 5. The fines which they impose according to the Statute belong to the King 6. They may not impose a fine or imprisonment without Record thereof 7. The cause for which they impose fine or imprisonment must be certain The Proceedings of the Colledge against Christopher Barton Weaver UPon the complaint of divers persons against the said Barton for practising of Physick the said Barton was sent for by a Messenger of his Majesties Chamber who appearing before the President and Censors the 6. of Septemb. 1639. and many things being laid to his charge yet for some reasons he was bound with sureties to appear again before them the 4. of October following And he then also appearing was for the Causes in the Censors Warrant expressed committed Bartons Commitment to the Prison of Woodstreet-Compter London where he remained till the 19. of October following never having by all that time petitioned the Colledge for his liberty and then by vertue of a Writ of hab Corpus which he had sued forth of the Kings-Bench he was carried with his Cause to the Kings-Bench Bar at Westminster The Copy of which Warrant and the return thereof here immediately ensueth Nos Johannes Warner Thomas Adams vic Civit London ss â— Sheriffs Râ—â—â—turn London Serenissimo Dno Regi in brevi huis schedul annex noiat ad diem locum in eodem bri content certificamus quod ante adventum nob predct bris scilt duodecimo die Sept. Anno Regni dci Dni Regis nunc Angl. c. decimo quinto Christophorus Barton in dco bri noiat comissus fuit prisone Dni Regis scilt Computator situat in Woodstreet London predct in eadem prisona sub Custodia Isaaci Pennington Johannis Wollaston tunc vic Civit. predct in eorum exit ab officio suo sub custodia nr detent virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willmi Goddard in Medicinis Dctor et Censor Collegii Medicor in London sub sigillo Coi Collegii Medicor London pred Custod predct computorii London predct vel ejus deputat direct cujus quidem Warranti tenor sequitur in haec verba ss We Otwell Meverell Lawrence Wright Edmund Colledge Warrant Smith and William Goddard Doctors in Physick and Censors of the Colledge of Physicians in London being chosen by the President and Colledge of Physicians aforesaid to govern and punish for this present
Statute of 14. H. 8. Wherefore it was adjudged for the Plaintiff Coram Judice D. Jo. Popham APrilis die 8. Anno Dom. 1602. Compauerunt Rogerus Jinkins Simon Read in Aedibus Primarii Angliae Justitiarii D. Johannis Popham Equitis Aurati coram ipso Judice quiritantes de Injuria illis illata per Praesidentem Censores Collegii Medicorum quorum authoritate ob illegitimam Medicinae praxin in Carcerem conjecti sunt ibidemque jam per aliquot septimanas detenti Adfuerunt ex parte Collegii per Praesidentem missi Censores tres D. Johannes Nowell Edwardus Lyster Johannes Argent Incarceratorum causam agebat quidem Magister Harris Jurisperitus Judex prius sedulò perlectis iis Regni statutis quae ad medicinam faciunt Jinkins urgebat ut rationem redderet cur ausus sit Medicinam exercere licenti◠non priùs impetratâ à Collegio Medicorum Is Primùm Praxin denegavit Postea urgente magis Judice haesitanter ambigue respondit Tandem metuens ne Jurejurando premeretur fassus est se aliquando Practicasse idque ut putabat non illicitè Quid inquit Judex Obtinuistine unquam Collegii Commune Sigillum Non inquit ille Sed quia Chirurgus sum in opere Chirurgico saepe necessarius est internorum Medicamentorum usus Respondit Judex re ita urgente advocandum esse Medicum atque nullo modo licere Chirurgo medicum agere Objecit Jurisperitus Praesidentis Censorum authoritatem non eam esse quâ possint quenquam in Carcerem conjicere ideoque à Collegio ad alios Judices causam omnem esse promovendam Hunc reprehendit Judex asserebatque validam esse maximéque legitimam hac ex parte Collegii authoritatem Multùm tandem conquestus est Jinkins quòd ob raram praxin eamque ex aliorum Praescripto tam gravis ei Mulcta sit inflicta Tum Libro Annalium ostenso Compertum est eum jam antea sexties Publicè accusatum esse aliquoties etiam leves mulctas subiisse Unde Judici aequissimum visum est ut cum clementer tractatus incorrigibilem tamen se praebuisset graviori tandem mulcta premeretur Et eo quòd aliorum Medicorum Praescriptis ad suam Praxin saepius sit abusus Consultissimum putavit Medicor praescriptis Dies Mensis cum patientis Nomine adscribendus Judex ut omnes Medici Praescriptis suis omnibus diem mensis Patientis nomen inscribant unde fraus iis abutentium faciliùs deprehendi possit Judex Re auditâ Collegiique Censurâ optimè approbatâ Jinkins redditur Carceri Jinkins denuò Carceri reddendum censuit donec Praesidenti Censoribus satisfactum sit Cumque quorundam Amicorum instantiâ rogatus est Judex ut fide-jussoribus admissis immunitatem illi concederet à Carcere Non est inquit Judex penes me ut hoc faciam Legibus enim Regni illis solum datur ut istud concedant Quidam qui astabat objecit Statuto quodam regni cautum esse ne quis liber Civis Londinensis per forinsecum aliquem incarceretur Perlectis statuti verbis nulloque modo sensum hunc ferentibus Hujusmodi inquit Judex interpretationibus meam etiam possitis infringere authoritatem These words the Lord Chief Justice said in hearing this Cause 1. There is no sufficient Licence without the Colledge Seal 2. No Chirurgeon as a Chirurgeon may practise Physick no not for any disease though it be the great Pox. 3. That the authority of the Colledge is strong and sufficient to commit to prison 4. That the Censure of the Colledge rising from lesser mulcts to greater was equal and reasonable 5. That no man though never so learned a Physician or Doctor may practise in London or within seven miles without the Colledge Licence Annal. l. 1. pag. 155 156. Read conquestus est Collegium contra regni statutum ultra 20 l. paenam erogasse verbis statuti perpensis pronuntiavit Judex Collegio licere quam velint mulctam infligere custodem tamen carceris non esse astrictum ut eum detineat si sit ultra 20 l. Read praxin suam asseruit quod statuto regni cuivis concessum est per herbas c. aliquos saltem morbos curare at respondit Judex nonlicere quoniam non ad missus erat per Collegium Resolutions of Questions concerning the Colledge by the Lord Chancellor and Judges THe King having directed his Letters to the Right Honourable Thomas Lord Ellesmere Lord Chancellor of England Sir John Popham Lord chief Justice and one of his privy Councel They the said Lord Chancellor and Lord chief Justice by vertue of the same Letters called unto them Sir Thomas Fleminge then Lord chief Baron Sir Thomas Walmesley Sir Peter Warburton Knights Justices of the Court of Common-Pleas and Sir David Williams and Sir Lawrence Tanfield Justices of the Kings-Bench and after due consideration had both of the Charter of King Hen. 8. and several Acts of Parliament thereof made in the 14. year of the same King and the other in the first year of Queen Mary did on the first of May 1607. at the house of the said Lord Chancellor called York-house resolve the several Questions hereafter mentioned Quest 1 Whether Graduates of Oxford and Cambridge may practise in London or seven miles compass of the same without Licence under the said Colledge Seal by vertue of the clause in the end of the Statute of 14. Hen. 8. and whether that clause hath not relation to the Statute of 3. H. 8. only or how far it doth extend Resp 1 All resolved that no Graduate that is not admitted and licensed by the President and Colledge of Physicians under their common Seal could practise in London or within seven miles compass of the same Quest 2 Whether by Graduates Graduates in Physick only are to be understood Resp 2 They resolved that the Exception in the Statute of 14. H. 8. ca. 11. of Graduates in the two Universities is to be understood only of Graduates of Physick and of no others And all resolved that by that Exception those Graduates may practise in all other places of England out of London and seven miles of the same without examination but not in London nor within the said circuit of seven miles Quest 3 If Graduates not admitted to practise in London practise there whether for evil practise or misdemeanor therein they be not subject to the correction and government of the Colledge They all agreed that they are subject to the Resp 3 government and correction of the Colledge by an express clause of the said Charter enacted which giveth to the Censors Supervisionem scrutinium correctionem Gubernationem of all persons using the practise of Medicine within the City Quest 4 If they may not practise without admission of the Colledge as their Letters patents plainly import Then whether such Graduates are not subject to the Examination without which there were