and assented unto for the better enabling authorizing and investing of the said President or Colledge and Comminalty and their Successors to and with the several grants powers priviledges authorities exemptions immunities and other matters and things in these presents to them given granted and confirmed or intended to be to them given granted or confirmed according to our gracious intent and meaning herein before specified and expressed And further we will and by these presents for us our heirs and successors do grant unto the said President and Colledge or Comminalty and A farther Confirmation of this Chaâ—ter their Successors That these our Letters Patents and all and singular the gifts grants authorities powers priviledges and immunities and other things therein contained shall be good firm available and effectual in the law to the intents and purposes aforesaid and shall be in all and every our Courts of Record and elswhere had taken construed and adjudged most strongly against us our heirs and sucessors and most benignly favourably and beneficially to and for the said President and Colledge or Comminalty and their Successors any Statute Act Ordinance Custome Usage Gift Grant or any other matter or thing heretofore had made used ordained or provided to the contrary in any wise notwithstanding Nevertheless we will and our intent and meaning is That the said President and Colledge or Comminalty and their Successors shall answer and pay to us our heirs and successors for and in respect of the fines amerciaments penalties forfeitures and sums of money herein before mentioned and by these presents to them granted as aforesaid the yearly Rent of Six pounds of lawful Six pound Rent to the King money of England at the Receipt of our Exchequer at Westminster at the Feast of the Annunciation of the blessed Virgin Mary and St. Michael the Archangel by even and equal portions any thing herein contained to the contrary notwithstanding Although express mention of the true yearly value or certainty of the premises or any of them or of any other gifts or grants by us or any of our progenitors or predecessors to the foresaid President and Colledge or Comminalty heretofore made in these presents is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary thereof heretofore had made ordained or provided or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding In witness whereof we have caused these our Letters to be made Patents Witness our self at Westminster the eighth day of October in the fifteenth year of our Reign of England France and Ireland and of Scotland the one and fiftieth Yonge Per bre de privato Sigillo Irr. in memorand Scacc. de Anno octavo Regis nune Caroli viz. inter Record de termino sci Michis Ro. Ex parte Reverend dci dom Regis In magno Rotulo de Anno 23. Regis Caroli London PResidens Colleg. Coitas Medicor Lond. deb 27 l. 10 s. medietas 55 l. versus Johannem Bugge de parochia Ecclie Xpi London recuperat per Judicium Cur. quia exercuit facultatem Medicin per spatium xi mens integr non existen admissus ad exercendum occupand dict facultat medicin per President Collegium seu Communitat facultat Medicin London lris sigillo suo comui sigillat contra formam statuti iu hmoi casu edit provis super ipos onerat virtute Ordinis hujus Scacc. dat tertio Julii Anno 15 to Regis Caroli But the said sum of 27 l. 10 s. is allowed to the President and Colledge of the Faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the 8. day of October in the 15. year of the late King James of England and of Scotland the 51. and by Judgment of the Barons of this Court of publique Exchequer entred among the Records of Easter Term in the 7. year of the reign of the late King Charles in the custody of the first Remembrancer there Roll the 24. And they are quit Examined by Hen. Croke Clerk of the Pipe The Common Law against them that practice being not admitted SI un que nest Physition ou Surgeon emprent sur luy un cure que murrust in sa main que cest felonie Stanford Pleas of the Crown cap. 9. Fitz Herbert tit Cor. pag. 311. Briton fol. 14. Which Dalton thus Englisheth And if one which is no Physician or Surgeon or which is not allowed to use or practise such Faculty will take a cure upon him and his Patient dieth under his hand this hath been holden to be felonie Lambard Eiren. tit Felonie saith thus That Thorpe 43. Edw. 3. 33. saith he knew one to be indited accordingly But if this should be drawn to felony then I see not but that the same must be accounted murther in respect either of the bold presumption or of the will to do harm which doth amount to malice And Dalt in his Countrey Justice chap. 93. querieth thus of this Case It cannot be discerned whether the Patients death cometh by any wilfull default in the party taking such Cure upon him or by the Patients infirmities Again there appeareth in them no will to do harm but rather to do good and then the Stat. 34. Hen. 8. cap. 8. leaveth so great a liberty of such practise to unskilful persons that it will be hard now to make it felony A Copy of an Exemplification of a Recovery against Edmund Gardiner 11. Feb. 6. Jac. JAcobus dei Gra. Angl. Scot. Fran. Hibernie Rex fidei defensor c. OÌ„ibus ad quos presentes lÌ„re nÌ„re pervenerint saltem inspeximus quoddam Recordum coram nobis hitum in hec verba ss Plita coram dno Rege apud Westm Termino sci Michis anno Regni dom Jacobi nunc Regis Anglie tertio Rotlo 438. ss London ss memorand quod al 's scilt Termino sce Trinitatis ultimo preterit Coram dno Rege apud Westm ven Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege qm pro seipo Collegio predcto sequitur per L. G. Atturnat suum Et protulit hic in Curia dct dom Regis tunc ibm quandam billam suam versus Edmundum Gardiner in Custod Marr. c. de plito debi sunt pleg de proc scilt Johes Doo Ricus Roo Que quidem billa sequitur in hec verba ss Londn ss Thomas Langton in Medicinis Doctor Presidens Collegii sive Coitatis facultatis Medicine London qui tam pro dno Rege quam pro seipo Collegio predco sequitur queritur de Edmundo Gardiner in Custod Marr. maresc dni Regis coram ipo Rege existen de plico quod reddat eidem dno Regi ac prefat Presiden Collegio predco Sexaginta libras legalis mouete Anglie quas eis debet injuste detinet pro eo viz.
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
year all Offendors in the Faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the Great Seal of England made and granted to the said Colledge and Comminalty by the late King of famous memory King Henry the 8th bearing date the 23. day of September in the tenth year of his reign and one Act of Parliament made in the 14. year of the reign of the said late King Henry the 8th concerning Physicians where by the Letters Patents aforesaid and every thing therein are granted and confirmed And by vertue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the reign of our late Soveraign Lady Queen Mary intituled An Act touching the Corporation of Physicians in London Did cause to be brought before us the sixth day of this instant September at our Colledge-house in Pater noster-Row in London one Christopher Barton and we have examined the said Christopher Barton and upon his examination and other due proofs we have found that the said Christopher Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of S. Botolphs Parish Aldgate London and the Childe of one Jane Bigge and some others in the moneth of January in the year 1638. contrary to the Lawes in that behalf made and provided whereupon we have imposed upon the said Christopher Barton a Fine of 20 l. for his evil practise in Physick aforesaid And we have also for the same cause sent you the Body of the said Christopher Barton willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as prisoner there to remain at his own costs and charges without bayâ— or mainprize untill he shall be discharged of his said imprisonment by the President of the said Colledge and by such persons as by the said Colledge shall be there unto authorised according to the Statute in that behalf made and this our Warrant shall be your discharge Given at the said Colledge the eleventh day of September in the fifteenth year of the Reign of our Sovereign Lord King Charles Otwell Meverell Edm. Smith Lawr. Wright William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majesties Chamber in Ordinary to execute this Warrant Et haec est causa accepcois detenconis prefati Christophori Barton in prisona predct sub custodia nra corpus Cujus quidem Christophori coram prefat Dno Rege apud Westm parat habemus Being at the Bar the said 19. of October for that the Lord chief Justice Sir John Bramston was not present the other Judges present would not accept of Bayl which the said Barton tendred but suspended the matter untill Tuesday the 22. of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bayl the Lord Bramston being then present my Lord demanded the return of the warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24. of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be bayled it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Bartons Councel that he might go over to the Kings-Bench which also was denied because he was committed originally to the Compter in Woodstreet as appeared by the Warrant and so Barton was remanded by the Court to the said Compter and willed if he would have Liberty to submit to the Barton remitted to prison Colledge and make his peace there Barton being in Custody of the Serjeant that carried him up to the Bar eâ—â—â—ibited his humble Petition to the President and Censors the 25. of October signed with his own hand for abatement of part of his Fine and for his enlargement submitting in all things unto them whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his Fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29. of October signed his discharge and set him at liberty he being put again before his enlargement into the said prison Termino Trinitatis anno octavo Caroli Regis in Banco Regis Crokes Reports the First Part. Butler versus the President of the Colledge of Physicians Pasc 7. Car. rot 519. ERror of a Judgment upon a Demurrer in the Common-Bench The first Error assigned was because the Record was Ad respondendum Domino Regi Praesidenti Collegii c. Qui tam pro Domino Rege quam pro seipso sequitur quod reddat eis sexaginta libras unde idem Praesidens qui tam c. dicit c. Whereas the Action ought to have been brought by the President only qui tam c. and not by the King and President c. sed non allocatur For being an Original Writ the Writ is most often so and sometimes the other way And they conceived it good both waies But Informations are alwaies that the party qui tam for the King quam pro seipso sequitur c. Vide Plowd 77. new Book of Entries 160. old Book of Entries 143. 373. The second Error was that the Replication was a departure from the Count For the Count sets forth That King Henry the eighth anno decimo Regni sui incorporavit per le Statut of decimo quarto Henrici octavi confirmavit the Colledge of Physicians by the name of the President c. that no man should practise Physick in London or within seven miles without Licence under the Seal of the Colledge upon penalty of 5 l. for every moneth that he so practised the one moity unto the King and the other unto the President of the Colledge to the use of the said Colledge And for that the Desendant not being allowed c. had practised Physick for twelve months in London The said Action was brought c. The Defendant pleads the Statute of tricesimo quarto Henrici octavi cap. 8. That every one who hath Science and experience of the nature of Herbs Roots and Waters or of the operation of the same by speculation or practise may minister or apply in and to any outward Sore Uncome Wound Aposthumations outward Swelling or Disease any Herb Oyntments Baths Pultes or Implaisters according to their cunning experience
which words as it appears by all other Acts passed in the same Roll and as Mr. Clayton one of the keepers of the Parliament Rolls told me in all other Acts made it manifest were passed by the King himself being personally present in Parliament Upon farther search at the Rolls I found the Act of Parliament its self and had it exemplified under the Seal Dec. 18. 1658. So that the Charter its self is in one Roll and the Act of Parliament in another distinct Roll. Now as to that objection that these words le Roy le veult are not subscribed to this Act concerning Physicians I answer that neither were these words subscribed to some Acts preceding this nor to any that followed it And at the end of all this Roll 't is said the King having heard all the Acts recited and read did confirm them and commanded the Parliament to see them all observed Rastals and Poultons Statute Books our Charter and Exemplification have all of them per Nomina Praesidentis Collegii seu Communitatis c. But in Bonhams Case in Cooks Reports 't is per Nomina Praesidentis Collegii 'T was the opinion of two of our Councel that Et would make a variation and nonsuit consequently They both said that for the Tithes of London and Magna Charta there was nothing extant but prescription If a Statute be special particular or private as this of the Colledge is then if any man will have benefit by or make use of it or will charge another upon it he must plead and shew the Statute at large vide Shepard in folio pag. 917. Crompton fol. 15. 1617. Lord chief Baron Steele at a Plea holden at Kingston upon Trent 1655. the Action being laid in Nomine Praesidentis Collegii seu Communitatis c. and the Defendants pleading it ought to run according to Cooks Reports in Nomine Praesidentis Collegii salved it thus by saying there was to be put a Comma after Praesidentis betwixt it and Collegii and so did tantamount to Praesidis Collegii At a Trial at Guild-hall against Trigge for ill practise Judgment for Trigge because the Colledge could not prove what Medicines he gave for he made his Medicines privately himself Blank for ill practise fined by the Censors 20 l. and upon a habeas corpus was remitted to prison and paid the Fine Ann. l. 2. pag. 186. Trigge fined by the Censors for a Paracentesis 20 l. sent to Newgate and paies the 20 l. 14 15. H. 8 By Easter Record 1656. first draught BE it remembred that the President of the Colledge or Comminalty of the faculty of Physicians in London who followeth as well for Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. as for himself did come before the Barons of this Exchequer the 6. day of June this Term in his own person and as well for the said King as for himself did give the Court here to understand and to be informed That one Richard Barker of the Parish of St. John the Baptist in the Ward of Dowgate London Gent. between the first day of July last past and the day of the exhibiting of this Information that is to say by the space of 11. months at the Parish of St. John Baptist aforesaid did exercise the faculty of Physick the said Richard Barker not being admitted to exercise the said faculty of Physick by the said President and Comminalty by Letter of the said President and Comminalty sealed with their common Seal contrary to the form of the Statute in such case made and provided whereupon the said President as well for the said King as for himself prayeth the advice of the Court in the premises And the said Richard Barker for the offence aforesaid may forfeit 55 l. of lawful money of England that is to say for every month of the said 11. months in which he did exercise the said faculty of Physick not being admitted in form aforesaid 5 l. of like lawful money of England And that he the said President may have the moiety of the forfeiture aforesaid according to the form of the Statute aforesaid and that the said Richard Barker may come here to answer the premises SEcretary Walsingham writes a Letter in 88. to the Major and Aldermen of London who had then charged the Colledge with Armes that they should no more trouble them hereafter but should permit them to live quietly and free from that charge L. Annal. 1. cap. 67. Anno 1614. October 4. the Colledge being charged with Arms Sir William Paddy pleaded the priviledge of the Colledge before Sir Thomas Middleton Lord Major and a full Court of Aldermen and Sir Henry Montacue Recorder alledging that in former times by vertue of their Charter and Acts of Parliament they have been exempted from this service and that 1. The Statute 14. H. 8. confirms not only all Grants Articles and other things contained in the said Letters Patents but also for enlargement of farther Articles for the said Colledge are to be interpreted available to the said Colledge in as large and ample manner as may be taken thought and construed by the same 2. In Anno 32. H. 8. they and every of them of the said body corporate or fellowship and their successors shall at all time and times be discharged to keep any watch or ward in London or the Suburbs of the same Here observe the word any which in true right of construction was to be extended as if that clause had been in more words expressed 3. In the Act for the Chirurgeons in the first entrance there are these words It was thought expedient by the wisdome of the land to provide for men expert in the science of Physick and Chirurgery And therefore when it followeth in their Act of Parliament that the Chirurgeons by express words are exempted from the bearing of armour it may truly be inferred that Physicians are exempted as before from any watch or wards as also Physicians here recited in the preamble should receive a greater or at least the same immunity especially since Physicians are by their Science and Act of Parliament Chirurgeons without farther examination and approbation to be had from the Bishop of London whereunto mere Chirurgeons are subject An Alderman objects that by the words of this Act of Parliament viz. bearing of Armour were to free their persons but not to exempt them from the charge of the service Answer That the difference 〈…〉 and wearing of arms was such that the very Etymon of the word bearing as in many other cases comprehended both and therefore should give immunity for both 4. In all foreign or domestick wars Physicians do attend the Armies in person and for this produceth the regigister The Recorder then perusing every branch of the Statutes recited and the reasons urged and opening every part thereof at large did conclude that the Acts of Parliament did extend to give to
upon him for the same offence And we do further of our especial grace Grant of fines to the Colledge 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 all and singular the fines and amerciaments penalties and forfeitures and every of them hereafter to be forfeited assessed or imposed upon any Physician or practiser in physick as aforesaid or to be forfeited imposed or assessed upon any Apothecary Druggist or other person or persons for or by reason of any misdemeanor offence contempt oâ— default whatsoever before in these presents declared mentioned or specified and that the said President and Colledge or Comminalty and their Successors shall and may by the name of the President and Colledge of the faculty of Physick within the City of London at all times hereafter and from time to time in any Ouâ— Courts of Record according to Our Lawes sue for recover levie and take execution of and for the said fines amerciaments penalties and forfeitures and every or any part thereof and the same being recovered and levied to have take retain and enjoy to the only use behoof and benefit of the said President and Colledge or Comminalty and their Successors without the let disturbance or interruption oâ— Us Our heirs or successors or any of the officers or ministers of us our heirs or successors and without giving or rendring any accompt or recompence thereof to us our heirs or successors And that if any offender upon whom any such fine or amerciament Imprisonment of such as pay not their Fines shal be imposed shall be present before the four Censors or any three of them at the time of such fine or amerciament imposed and shall not then pay the same That then it shall and may be lawful to and for the said four Censors or any three of them by whom such fine or amerciament shall be imposed to commit such offender to prison and detain him in prison untill he shall have satisfied the said fine or amerciament and no longer And further we will and by these presents for us our heirs and successors of our especial grace To have a Hall and favour do grant unto the said President and Colledge or Comminalty and their Successors that it shall and may be lawful to and for them or the greater part of them to have appoint retain and enjoy a certain Hall or Councel house within our City of London or the Liberties of the same And that the said President for the time being and his Successors shall and may when and as often as to him shall seem meet and necessary call assemble and keep within the same Hall or House a certain Court or Convocation of the said President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the said President for the time being to be alwaies one And that in the same Court or Convocation the same President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the President for the time being to be one shall and may treat confer consult and consider of Arcicles Meetings by whom and for what Statutes Acts and Ordinances touching and concerning the said President and Colledge or Comminalty and their Successors and the good rule staâ—e and government of the same and the reformation and redress of the abuses mischiess and enormities herein before mentioned and hereby intended and meant to be provided for and suppressed in the time to come And further we will and by these presents for us our heirs and successors do grant to the said President and Colledge or Comminalty and their Successors That the said President and Colledge or Comminalty and their Successors to the number of Six persons or more whereof the said President for the time being to be alwaies one upon publique summons thereof first made being assembled together in their said Hall or house shall and may have full power and lawful authority from time to time to ordain constitute make and set down in writing such wholsome and reasonable Acts Ordinances Orders Decrees To make By-lawes Articles and Constitutions as to the said Six persons or more of them so assembled or the greater part of them so assembled whereof the said President to be one shall seem good profitable and necessary according to their good directions for the good rule order and government of the said President and Colledge or Comminalty and their Successors and of all other practisers of Physick and other the persons before named and all others offending in the said faculty or any other way touching or concerning the same for the reformation and redress of the abuses deceipts misdemeanors and enormities and other the premises herein before mentioned or expressed And that the said President and Colledge or Comminalty and their Successors to the number of six persons or more whereof the said President to be one shall and may punish all and every delinquent or offender against the same Acts Ordinances Orders Decrees and Constitutions or any of them by imprisonment of his and their bodies or by fine and amerciament to be by them as aforesaid adjudged imposed and inflicted from time to time as need shall require And that the said President and Colledge or Comminalty and their Successors shall and may lawfully levy receive have and take the said fines and amerciaments to their own proper use benefit and behoof without the impeachment Fines to be paid to the Colledge or impediment of us our heirs or successors or of any the officers or ministers of us our heirs or successors and without any accompt to us our heirs or successors to be rendred or made for the same other then the rent hereafter reserved All which said Acts Statutes Ordinances Articles and Constitutions so as aforesaid to be made we will shall be observed and kept under the pains and penalties in the same to be limited and contained so as the same Acts Statutes and ordinances imprisonments fines and amerciaments be not contrary or repugnant to the Lawes and Statutes of this our Realm of England And further we will and by these presents for us our heirs and successors do grant to the said President and Colledge or Comminalty and their Successors That they and their successors or the greater part of them assembled together in their said Hall shall and may nominate elect and appoint one honest and discreet person which A Register his Office shal be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminalty and their Successors at their Assemblies Courts Congregations or meetings and shall set down in writing register and enter into a Book all such rules orders statutes decrees acts ordinances and other things as shall from time to time be
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